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GAL COMPETITION PROJECT JAPAN Institutional Performance Norms

GAL COMPETITION PROJECT JAPAN Institutional Performance Norms. Harry First and Tadashi Shiraishi February 5, 2011. SIZE OF COMPETITION AUTHORITIES. Source: JFTC, For Fair and Free Market Competition 26 (July 2010). OPERATIONAL EFFICIENCY. High level of activity

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GAL COMPETITION PROJECT JAPAN Institutional Performance Norms

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  1. GAL COMPETITION PROJECTJAPANInstitutional Performance Norms Harry First and Tadashi Shiraishi February 5, 2011

  2. SIZE OF COMPETITION AUTHORITIES Source: JFTC, For Fair and Free Market Competition 26 (July 2010).

  3. OPERATIONAL EFFICIENCY • High level of activity • Time for adjudicating cases: 2-5 years • Merger reviews • informal pre-merger consultations • Unfair trade practices • Abuse of Superior Bargaining Position Task Force • policing unjust low prices • Consultations: 3000 informal (FY 2009)

  4. EXPERTISE • FTC Chairman and Commissioners • not required to have competition law experience • Chairman generally former MOF bureaucrat • Staff • career employees • almost no trained lawyers or economists • Hearing Examiners • 2 of 6 JFTC employees

  5. TRANSPARENCY • Guidelines: high number • Declinations • high number of formal complaints • Consultations • low transparency • some merger reviews • Public awareness • JFTC weekly press conferences

  6. ACCOUNTABILITY • Data availability • Diet • budget • appointments • reporting • legislative controls: amendments to AMA • Courts • low level of judicial review

  7. RULE OF LAW • Importance of Guidelines • Availability of judicial review • But: informal consultations • Political pressures

  8. FLASHPOINTS • Transparency • better articulation of reasons in close cases • Expertise • trained economists • appointment and role of Commissioners • Use of resources • extensive guidance function • protecting small business

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