In a bid to improve the effectiveness of the Anti-monopoly Act‘s provisions, a report of the Study Group on the Antimonopoly Act has recommended a review of the enforcement measures. The Group has put forward the following suggestions in relation to applicable sanctions:
The current definition of surcharge (removal of unreasonable profits) should be amended.
The fixed surcharges should be increased, and additional surcharges should be introduced for entities committing repeated violations, or in other situations.
The scope of application of surcharges should be widened.
A leniency programme should be introduced, to provide an incentive to end cartel activities and to quickly restore competition.
Source: JFTC website, http://www2.jftc.go.jp/e-page/report/survey/2003/031028sgroupama.pdf Naomichi Chiba, TMI Associates in association with Simmons & Simmonsemail: Sara.Hamilton@simmons-simmons.com