The Sociology of Law
Online ISSN : 2424-1423
Print ISSN : 0437-6161
ISSN-L : 0437-6161
On Antimonopoly Law of Japan
Yuji Nunomura
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JOURNAL FREE ACCESS

1981 Volume 1981 Issue 33 Pages 89-98,286

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Abstract
The Japanese Antimonopoly Law, by prohibiting private monopolies, unreasonable practices in restraint of trade and unfair methods of trade, seeks to promote free and fair competition and thereby promote the democratic and sound development of the national economy as well as to assure the interest and welfare of the general consumer. To this end and to implement the Law, the Law itself sets forth administrative regulations, criminal regulations and civil regulations. Administrative regulations are especially important in implementing the provisions of the Law. This report seeks to analyze the real nature of injury arising out of any violations of this Antimonopoly Law and to deal with the way of seeking, and the requirement related to obtaining, private relief. Especially significant is a §25 action, which is an original devise that renders the right to recover damages without prejudice to the injured person after a judgement has been given. This report, after pointing out the requirements of a §25 action, analyzes the various aspects of private relief for the injured person. It then seeks to classify the various categories of injuries arising out of violation of the Antimonopoly Law in order to ascertain the proper remedy in conformity with the nature of the injury to the injured person.
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© The Japanese Association of Sociology of Law
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