Japan Preparing Reforms To Penalty System And Leniency Policy.
Legal News & Analysis - Asia Pacific - Japan - Competition & Antitrust
10 November, 2017
The Japan Fair Trade Commission (JFTC) is drafting amendments to its system for imposing penalties and its leniency policy under the Japanese Antimonopoly Act, taking into account the recommendations in a report by an expert study group that it commissioned. Among the reforms it is considering are: expanding the turnover base for the calculation of penalties from turnover in the products affected by the infringement to total turnover in the relevant market; allowing penalties to be calculated on the basis of turnover during the whole period of the infringement rather than just the last three years (as is presently the case); and extending leniency (in the form of reduced penalties) to all persons providing relevant information and cooperating in the investigation, not just the first five applicants.
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