Japanese Contract and Anti Trust Law A Sociological and Comparative Study 1st Edition by Visser T’Hooft ISBN 1135790035 9781135790035
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ISBN 10: 1135790035
ISBN 13: 9781135790035
Author: Visser T’Hooft
Little has been written on Japanese contract law and anti-trust law in Western languages. This book describes the role of this law in protecting the distributor against unilateral terminations of distribution agreements. There have been significant pressures both to lower prices and restructure distribution channels in Japan which have strained many distribution agreements. This volume, based primarily on Japanese language legal material, not only involves a study of applicable black-letter law, but also a sociological study of its application in practice. Detailed analysis has been made in particular of famous legal termination cases during the 1990s in the Japanese luxury cosmetics distribution system which generated influential decisions by the higher courts and the Fair Trade Commission, providing new insights into whether or not there are distinct Japanese attitudes towards contracts.
Japanese Contract and Anti Trust Law A Sociological and Comparative Study 1st Table of contents:
1: Introduction
1: THE JAPANESE INTEREST IN CONTINUING DOMESTIC TRADE RELATIONSHIPS
2: DISTRIBUTION AGREEMENTS, DEFINITION AND TERMINOLOGY
3: UNILATERAL TERMINATION OF DISTRIBUTION AGREEMENTS
4: PROBLEMS FOR DISTRIBUTORS AND THE LEGAL RESPONSE
5: THE MAIN PURPOSES OF THIS STUDY
6: STRUCTURE OF THIS STUDY
7: DISCUSSION ON JAPANESE ATTITUDES TOWARD CONTRACTS
8: EXPLANATION OF THE FOLLOWING CHAPTERS
2: Japanese Contract Law and the Unilateral Termination of Distribution Agreements
1: INTRODUCTION
2: JAPANESE CIVIL AND COMMERCIAL CODES
3: CASE LAW
4: LEGAL LITERATURE
5: A BRIEF COMPARISON WITH THE DUTCH JUDICIAL APPROACH
6: BARRIERS TO LITIGATION
7: CONCLUSION
3: Japanese Anti-trust Law and the Unilateral Termination of Distribution Agreements
1: INTRODUCTION
2: SUBSTANTIVE JAPANESE ANTI-TRUST LAW
3: PUBLIC LAW ENFORCEMENT OF ANTI-TRUST LAW
4: PRIVATE LAW ENFORCEMENT OF ANTI-TRUST LAW
5: COMPLAINT WITH THE FTC
6: CONCLUSION
4: Termination Disputes within the Japanese Distribution System for Luxury Cosmetics A Case Study: Manufacturers v. Discounters
1: INTRODUCTION
2: THE DEVELOPMENT OF THE JAPANESE LUXURY COSMETICS DISTRIBUTION SYSTEM
3: SHISEIDO V. FUJIKI
4: KAO V. EGAWAKIKAKU
5: VICTORIES FOR DISCOUNTERS BEFORE THE TOKYO DISTRICT COURT
6: LEADING COSMETICS MANUFACTURERS V. KAWACHIYA
7: THE FIRST TOKYO HIGH COURT DECISION IN FAVOUR OF SHISEIDO (SEPTEMBER 1994)
8: THE FTC RECOMMENDATION AGAINST SHISEIDO (JUNE 1995)
9: THE SECOND TOKYO HIGH COURT DECISION IN FAVOUR OF KAO (JULY 1997)
10: THE SUPREME COURT DECISION (DECEMBER 1998)
11: CONCLUSION
5: Dutch Law and the Unilateral Termination of Distribution Agreements
1: INTRODUCTION
2: THE SITUATION IN THE NETHERLANDS
3: DUTCH CONTRACT LAW
4: ANTI-TRUST LAW
5: APPLICABLE CONTRACT LAW AND EU ANTI-TRUST LAW IN THE DUTCH DISTRIBUTION SYSTEM FOR LUXURY COSMETICS
6: A Discussion on Japanese Attitudes toward Contracts
1: INTRODUCTION
2: THE EMPHASIS ON CULTURAL FACTORS
3: CRITICISM OF THE EMPHASIS ON CULTURAL FACTORS
4: MY OWN CONCLUSION
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