Latest Developments in Discussions on the Reform of the Surcharge System: Publication of the Antimonopoly Act Study Group Report
The Antimonopoly Act Study Group (the “Study Group”) convened by the Japan Fair Trade Commission (the “JFTC”) released its report on the administrative surcharge system (the “Report”) in April 2017. The following changes were recommended in the Report: (i) revision of the surcharge calculation method; (ii) incorporation of a new system to promote cooperation with investigations; and (iii) addressing proportionality and other due process concerns. The following article outlines the Report’s indications as to the direction the revisions to the surcharge system can be expected to take in the future.