In 2013, the Antimonopoly Act was amended. As a result, the JFTC’s hearing procedure for administrative appeals was abolished, and accordingly a suit to rescind a decision of the JFTC, which was characterized by the substantial evidence rule, was abolished. Instead of these rules, the antitrust law cases are also subject to judicial review as a normal administrative lawsuit. Before the amendment, the judicial review scope and method theory were separately formed in the suit to rescind the decision of a JFTC case and general administrative case. The current Antimonopoly Act system consists of administrative procedures and judicial reviews. This system seems to be closer to the legal system in German or EU Competition Law. However, the Antimonopoly Act system and legal system in German or EU Competition Law are not exactly the same. Therefore, I will clarify the differences in the procedural system between the Antimonopoly Act system and legal system in German or EU Competition Law, and examine the ideal legal system in the Antimonopoly Act based on the differences. I have discussed the examination of administrative procedures before disposal in a separate article. For this reason, this paper will focus on judicial review.

一橋大学大学院法学研究科

2020-07-10

日本語(jpn)

departmental bulletin paper（紀要論文）

VoR

10.15057/31342

1347-0388

AA1161370X

一橋法学

19

2

471

506

19巻2号(2020.7)

https://hdl.handle.net/10086/31342