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Japan adopts effects doctrine in antitrust law
For a long time, Japan refused to extend application of its antitrust laws to foreign cartels, even those with an impact on the Japanese market. Following a 1990 Study Group Report recommending adoption of the effects doctrine, the Japanese Fair Trade Commission has increasingly applied Japanese antitrust law extraterritorially, as Marek Martyniszyn reports in a helpful recent article. Now the Japanese Supreme Court has upheld a series of judgments from the Tokyo High Court, thereby effectively adopting the effects doctrine. The doctrine appears to go very far: according to the report, the cartel had reached its price-fixing agreement in Southeast Asia, and affected products had been purchased by Southeast Asian units and subcontractors rather than the Japanese companies themselves.
An earlier article, including more detailed comment on the decision by the Tokyo High Court is Tadashi Shiraishi, Customer Location and the International Reach of National Competition Laws, (2016) 59 Japanese Yearbook of International Law, 202-215 (published 2017) (SSRN). The author of the article was involved in the litigation.
Save the Date: Second German Conference for Young PIL Scholars “Private International Law between Tradition and Innovation” on 4/5 April 2019
By Stephan Walter, Research Fellow at the Research Center for Transnational Commercial Dispute Resolution (TCDR), EBS Law School, Wiesbaden, Germany.
In light of the success of the first German conference for young PIL scholars, held in April 2017 in Bonn (see the recent announcement of the conference volume as well as the conference report), we would like to continue the academic and personal exchange with a second conference. It will take place on 4 and 5 April 2019 at the University of Würzburg (Germany). The key note will be given by Professor Jürgen Basedow (emeritus director at the Max Planck Institute for Comparative and International Private Law). Read more
Politik und Internationales Privatrecht [English: Politics and Private International Law]
edited by Susanne Lilian Gössl, in Gemeinschaft m. Rafael Harnos, Leonhard Hübner, Malte Kramme, Tobias Lutzi, Michael Florian Müller, Caroline Sophie Rupp, Johannes Ungerer
More information at: https://www.mohr.de/en/book/politik-und-internationales-privatrecht-9783161556920
The first German conference for Young Scholars of Private International Law, which was held at the University of Bonn in spring 2017, provides the topical content for this volume. The articles are dedicated to the various possibilities and aspects of this interaction between private international law and politics as well as to the advantages and disadvantages of this interplay. “Traditional” policy instruments of private international and international procedural law are discussed, such as the public policy exception and international mandatory rules (loi de police). The focus is on topics such as human rights violations, immission and data protection, and international economic sanctions. Furthermore, more “modern” tendencies, such as the use of private international law by the EU and the European Court of Justice, are also discussed. Read more