Under current Fair Trade Commission rules, companies that have grievances over FTC decisions must go before the FTC for redress. This system is likely to be abolished in the near future because of strong voices within business circles and the Liberal Democratic Party that are calling for abolition of the system under which the FTC reviews its decisions. Business circles complain that under the current system, the FTC acts as both prosecutor and judge.
The LDP's research commission on the Antimonopoly Law has proposed introducing a new system under which companies with grievances over FTC decisions would file suits with courts to seek redress. The proposal covers FTC decisions related not only to bid rigging and cartel formation but also to other illegal trade practices such as unfair discounts. Under the proposal, most grievances would be handled by courts.
The government and the LDP plan to work out details of the proposal by yearend and submit a bill to revise the Antimonopoly Law to the regular Diet session in 2009. If everything goes smoothly, the present system would be abolished in 2010. The change would increase transparency in the execution of FTC policies for promoting competition.
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