Japanese Contract and Anti-Trust Law: A Sociological and Comparative Study

by Visser t'Hooft,Willem

• ISBN13: 9780700715770
• ISBN10: 0700715770
• Format: Hardcover
• Copyright: 2002-07-26
• Publisher: RoutledgeCurzon

Summary

This book describes the role of Japanese contract law in protecting the distributor against unilateral terminations of distribution agreements. Based primarily on Japanese language legal material.

Table of Contents

Acknowledgements	vii
List of Abbreviations	ix
Introduction	1	(20)
The Japanese interest in continuing domestic trade relationships	1	(2)
Distribution agreements, definition and terminology	3	(3)
Unilateral termination of distribution agreements	6	(3)
Problems for distributors and the legal response	9	(2)
The main purposes of this study	11	(2)
Structure of this study	13	(4)
Discussion on Japanese attitudes toward contracts	17	(2)
Explanation of the following chapters	19	(2)
Japanese Contract Law and the Unilateral Termination of Distribution Agreements	21	(28)
Introduction	21	(1)
Japanese civil and commercial codes	22	(3)
Case law	25	(13)
Legal literature	38	(3)
A brief comparison with the Dutch judicial approach	41	(1)
Barriers to litigation	42	(4)
Conclusion	46	(3)
Japanese Anti-Trust Law and the Unilateral Termination of Distribution Agreements	49	(32)
Introduction	49	(1)
Substantive Japanese anti-trust law	50	(7)
Public law enforcement of anti-trust law	57	(4)
Private law enforcement of anti-trust law	61	(14)
Complaint with the FTC	75	(2)
Conclusion	77	(4)
Termination Disputes Within the Japanese Distribution System for Luxury Cosmetics a Case Study: Manufacturers v. Discounters	81	(50)
Introduction	81	(4)
The development of the Japanese luxury cosmetics distribution system	85	(4)
Shiseido v. Fujiki	89	(9)
Kao v. Egawakikaku	98	(3)
Victories for discounters before the Tokyo district court	101	(4)
Leading Cosmetics Manufacturers v. Kawachiya	105	(4)
The first Tokyo High Court decision in favour of Shiseido (september 1994)	109	(4)
The FTC recommendation against Shiseido (june 1995)	113	(5)
The second Tokyo High Court decision in favour of Kao (july 1997)	118	(3)
The Supreme Court decision (december 1998)	121	(4)
Conclusion	125	(6)
Dutch Law and the Unilateral Termination of Distribution Agreements	131	(46)
Introduction	131	(1)
The situation in the Netherlands	132	(1)
Dutch contract law	133	(13)
Anti-trust law	146	(17)
Applicable contract law and eu anti-trust law in the Dutch distribution system for luxury cosmetics	163	(14)
A Discussion on Japanese Attitudes Toward Contracts	177	(16)
Introduction	177	(1)
The emphasis on cultural factors	178	(4)
Criticism of the emphasis on cultural factors	182	(3)
My own conclusion	185	(8)
Bibliography	193	(14)
Appendix I Case Law: Japan	207	(4)
Appendix II Case Law: The Netherlands	211	(4)
Appendix III Case Law: European Union	215	(2)
Publications in the Meijers Series	217	(4)
Curriculum Vitae	221