Antitrust in Germany and Japan presents an innovative, comparative
analysis of the development and enforcement of two antitrust
regimes, illustrating how each was shaped by American occupation
strategies and policies following World War II. First imposed in
1947, the anti-trust controls in Germany and Japan were the world's
first outside the United States. Those enacted in Japan continue in
force, whereas in Germany, following a decade of debate, the
occupation legislation was superseded in 1975 by the Law Against
Restraints of Competition.
This study explores the ironies and errors that led to the
enactment of the German and Japanese statutes and emphasizes the
unexpected degree of convergence that has occurred during the past
fifty years through amendment and practice. It compares in detail
the institutional structure and processes for the enforcement of
antitrust controls as well as the system of remedies and sanctions
available under each statute. It notes the debates in Germany and
Japan over the effectiveness of statutes, particularly the still
timely debate in 1970s Germany over a proposal for criminal
sanctions.
Antitrust in Germany and Japan reveals many unexpected and
controversial similarities between the two antitrust regimes and
demonstrates the extent to which American policy toward Germany
determined American policy in Japan not only during presurrender
planning but also throughout the occupation. It also challenges the
prevailing view of the relative strength of antitrust controls in
Germany relative to the weakness of antitrust in Japan.
This book will be of interest to corporate lawyers as well as to
legal historians and scholars of political economy.
General
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