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Japan: Supreme Court Affirms Extraterritoriality of Antimonopoly Act

(Dec. 19, 2017) On December 12, 2017, Japan’s Supreme Court ruled that the national Fair Trade Commission (FTC) can impose surcharges on firms that join cartels established overseas if the cartels impair the free competition of the Japanese market.  (Sup. Ct., Dec. 12, 2017, 2016 (Gyo-hi) No. 233, Courts in Japan website (in Japanese).) Japan’s […]

Japan: Supreme Court Rules Obligatory Contracts with Public Broadcasting Corporation for Reception Equipment Are Constitutional

(Dec. 13, 2017) In a decision issued on December 6, 2017, Japan’s Supreme Court ruled that a provision obligating persons who have installed such broadcast-reception equipment as televisions to conclude a contract with Japan’s public broadcasting corporation is constitutional.  (Sup. Ct. Dec. 6, 2017, 2014 (o) 1130, Courts in Japan website (in Japanese) (click on […]

Japan: Supreme Court Reverses View on Whether Obscene Intent Necessary for Crime of Forcible Indecency

(Dec. 5, 2017) On November 29, 2017, the Supreme Court of Japan reversed a nearly five-decade-old precedent, stating that no obscene intent is necessary for the crime of forcible indecency.  (Saiko Saibansho [Sup. Ct.] Nov. 29, 2017, Case No. 2016 (a) 1731, Courts in Japan website (in Japanese) (click on the two characters beside PDF […]

Japan: Judges Cannot Engage in Apartment-Leasing Business

(Nov. 2, 2017) Japanese judges cannot engage in for-profit businesses. They may engage in not-for-profit businesses and receive remuneration if they obtain permission from the Supreme Court.  (Court Act, Act No. 59 of 1947, art. 52, Japanese Law Translation website.)  There are similar regulations for civil servants.  (National Public Service Act, Act No. 120 of […]

Japan: Reporting Requirements for Adviser/Consultant Positions for Retired CEOs

(Oct. 17, 2017) In August 2017 the Tokyo Stock Exchange revised its instructions for the Report on Corporate Governance that it requires listed companies to prepare. The revised instructions have a section on the status of former chief executive officers (CEOs).  If some of them retain positions in the company, such as advisor or consultant, […]

Japan: Doctors Punished for Unauthorized Cord Blood Treatments

(Oct. 5, 2017) On September 22, 2017, two doctors in Japan were punished with a fine of one million yen (about US$9,000), based on the Act on the Safety of Regenerative Medicine, for having transplanted the umbilical cord blood of one person to another without prior submission of a treatment plan to the Ministry of […]

Japan: Basel Act Amended

(Sept. 12, 2017) The Act on Control of Export, Import, etc. of Specified Hazardous Wastes and Other Wastes (Basel Convention Act, Act No. 108 of 1992, E-GOV (in Japanese) is a Japanese domestic law corresponding to the Basel Convention to protect human health and the environment against the adverse effects of hazardous wastes.  (Overview, Basel […]

Japan: Chemical Substances Control Law Amended

(Sept. 6, 2017) Japan’s Chemical Substances Control Law (CSCL) aims to prevent environmental pollution caused by chemical substances that pose a risk to human health and interfere with the habitat and healthy development of flora and fauna.  (Act on the Evaluation of Chemical Substances and Regulation of Their Manufacture etc., Act No. 117 of 1973, […]

Japan: Law on Renting Rooms in Private Homes to Tourists

(June 16, 2017) On June 8, 2017, the Diet (Japan’s parliament) passed a bill that allows people to rent out rooms of their homes to tourists for profit.  The new law, the Home-Sharing Business Act, was promulgated on June 16, 2017.  (Home Sharing Business Act, Act No. 65 of 2017, KANPO [OFFICIAL GAZETTE], Extra Ed., […]

Japan/India: Diet Approves Civil Nuclear Cooperation Agreement

(June 14, 2017) The upper house (House of Councillors) of the Diet (Japan’s parliament) approved the Japan-India Civil Nuclear Cooperation Agreement on June 7, 2017. (Information on Bills: Japan-India Civil Nuclear Cooperation Agreement, House of Councillors website (in Japanese).) The Agreement had previously been signed on November 11, 2016. (Reason for Submission: Treaty No. 3, […]