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

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ISBN: 9780700715770 | 0700715770
Cover: Hardcover
Copyright: 7/26/2002

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Summary

Supplemental Materials

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.

Acknowledgements

vii

List of Abbreviations

Introduction

(20)

The Japanese interest in continuing domestic trade relationships

(2)

Distribution agreements, definition and terminology

(3)

Unilateral termination of distribution agreements

(3)

Problems for distributors and the legal response

(2)

The main purposes of this study

(2)

Structure of this study

(4)

Discussion on Japanese attitudes toward contracts

(2)

Explanation of the following chapters

(2)

Japanese Contract Law and the Unilateral Termination of Distribution Agreements

(28)

Introduction

(1)

Japanese civil and commercial codes

(3)

Case law

(13)

Legal literature

(3)

A brief comparison with the Dutch judicial approach

(1)

Barriers to litigation

(4)

Conclusion

(3)

Japanese Anti-Trust Law and the Unilateral Termination of Distribution Agreements

(32)

Introduction

(1)

Substantive Japanese anti-trust law

(7)

Public law enforcement of anti-trust law

(4)

Private law enforcement of anti-trust law

(14)

Complaint with the FTC

(2)

Conclusion

(4)

Termination Disputes Within the Japanese Distribution System for Luxury Cosmetics a Case Study: Manufacturers v. Discounters

(50)

Introduction

(4)

The development of the Japanese luxury cosmetics distribution system

(4)

Shiseido v. Fujiki

(9)

Kao v. Egawakikaku

(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

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

Summary

Table of Contents

Supplemental Materials