Regulations of Digital Platform Markets Under the Japanese Antimonopoly Act: Does the Regulation of Unfair Trade Practices Solve the Gordian Knot of Digital Markets?

Abstract

When it comes to digital platform markets, the competition authorities of Japan, the EU, and the United States share a similar approach toward the regulation of mergers. Additionally, they share a common approach with respect to exclusive dealings but apply slightly different rules concerning a refusal to deal in the regulation of monopolization. However, the regulation of Unfair Trade Practices (UTPs) in Japan is unique in that it is possible to regulate a vertical nonprice restraint imposed by a company with a market share between 20% and 50%. The author explores the regulation in the digital platform markets by the UTPs under the Japanese Antimonopoly Act and examines the possibility of the regulations by the UTPs as an alternative method. This article argues that it is desirable, especially in the case of private suits, that the assessment of market definition and the burden of proof be simplified.