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Japanese Competition Law
Japanese competition law consists of the , officially the , and several other statutory laws. The AMA was introduced during the postwar United States-led-and-controlled Allied occupation. President Harry S. Truman, on 6 September 1945, issued a presidential directive instructing the Supreme Commander for the Allied Powers (SCAP) to dissolve Zaibatsu structures. Prior to World War II, Japan had no antitrust laws. There were seventeen Zaibatsu organisations, the four largest of which had controlled approximately a fourth of all of the paid-up capital in the Japanese economy just prior to the World War. In opposition to General MacArthur's fear that Zaibatsu dissolution would lead to instability, the U.S. Departments of State and Justice sent a "Special Mission on Japanese Combines" to Japan for the implementation of a comprehensive antimonopoly framework. In response, MacArthur coerced the Japanese Diet into adopting legislation known as the Antimonopoly Act (AMA), with the pers ...
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Occupation Of Japan
Japan was occupied and administered by the Allies of World War II from the surrender of the Empire of Japan on September 2, 1945, at the war's end until the Treaty of San Francisco took effect on April 28, 1952. The occupation, led by the American military with support from the British Commonwealth and under the supervision of the Far Eastern Commission, involved a total of nearly one million Allied soldiers. The occupation was overseen by the US General Douglas MacArthur, who was appointed Supreme Commander for the Allied Powers by the US president Harry S. Truman; MacArthur was succeeded as supreme commander by General Matthew Ridgway in 1951. Unlike in the occupations of Germany and Austria, the Soviet Union had little to no influence in Japan, declining to participate because it did not want to place Soviet troops under MacArthur's direct command. This foreign presence marks the only time in the history of Japan that it has been occupied by a foreign power. Howe ...
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Communism
Communism () is a political sociology, sociopolitical, political philosophy, philosophical, and economic ideology, economic ideology within the history of socialism, socialist movement, whose goal is the creation of a communist society, a socioeconomic order centered on common ownership of the means of production, distribution, and exchange that allocates products in society based on need.: "One widespread distinction was that socialism socialised production only while communism socialised production and consumption." A communist society entails the absence of private property and social classes, and ultimately money and the State (polity), state. Communists often seek a voluntary state of self-governance but disagree on the means to this end. This reflects a distinction between a Libertarian socialism, libertarian socialist approach of communization, revolutionary spontaneity, and workers' self-management, and an authoritarian socialism, authoritarian socialist, vanguardis ...
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Law Of Japan
The law of Japan refers to the legal system in Japan, which is primarily based on legal codes and statutes, with precedents also playing an important role. Japan has a civil law legal system with six legal codes, which were greatly influenced by Germany, to a lesser extent by France, and also adapted to Japanese circumstances. The Japanese Constitution enacted after World War II is the supreme law in Japan. An independent judiciary has the power to review laws and government acts for constitutionality. Historical developments Early Japan The early laws of Japan are believed to have been heavily influenced by Chinese law. Little is known about Japanese law prior to the seventh century, when the Ritsuryō was developed and codified. Before Chinese characters were adopted and adapted by the Japanese, the Japanese had no known writing system with which to record their history. Chinese characters were known to the Japanese in earl ...
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Contempt Of Court
Contempt of court, often referred to simply as "contempt", is the crime of being disobedient to or disrespectful toward a court of law and its officers in the form of behavior that opposes or defies the authority, justice, and dignity of the court. A similar attitude toward a legislative body is termed contempt of Parliament or contempt of Congress. The verb for "to commit contempt" is contemn (as in "to contemn a court order") and a person guilty of this is a contemnor or contemner. There are broadly two categories of contempt: being disrespectful to legal authorities in the courtroom, or willfully failing to obey a court order. Contempt proceedings are especially used to enforce equitable remedies, such as injunctions. In some jurisdictions, the refusal to respond to subpoena, to testify, to fulfill the obligations of a juror, or to provide certain information can constitute contempt of the court. When a court decides that an action constitutes contempt of court, it can ...
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Keiretsu
A is a set of companies with interlocking business relationships and shareholdings that dominated the Japanese economy in the second half of the 20th century. In the legal sense, it is a type of business group that is in a loosely organized alliance within Japan's business community. It rose up to replace the ''zaibatsu'' system that was dissolved in the occupation of Japan following the Second World War. Though their influence has shrunk since the late 20th century, they continue to be important forces in Japan's economy in the early 21st century. The members' companies own small portions of the shares in each other's companies, centered on a core bank; this system helps insulate each company from stock market fluctuations and takeover attempts, thus enabling long-term planning in projects. Origins The prototypical ''keiretsu'' appeared during the Japanese economic miracle which followed World War II, amid the dissolution of family-controlled vertical monopolies called ''za ...
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Cartel
A cartel is a group of independent market participants who collaborate with each other as well as agreeing not to compete with each other in order to improve their profits and dominate the market. A cartel is an organization formed by producers to limit competition and increase prices by creating artificial shortages through low production quotas, stockpiling, and marketing quotas. Jurisdictions frequently consider cartelization to be anti-competitive behavior, leading them to outlaw cartel practices. Cartels are inherently unstable due to the temptation by members of the cartel to cheat and defect on each other by improving their individual profits, which may lead to falling prices for all members. The doctrine in economics that analyzes cartels is cartel theory. Cartels are distinguished from other forms of collusion or anti-competitive organization such as corporate mergers. Advancements in technology or the emergence of substitutes can undermine cartel pricing power, leadi ...
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1973 Oil Crisis
In October 1973, the Organization of Arab Petroleum Exporting Countries (OAPEC) announced that it was implementing a total oil embargo against countries that had supported Israel at any point during the 1973 Yom Kippur War, which began after Egypt and Syria launched a large-scale surprise attack in an ultimately unsuccessful attempt to recover the territories that they had lost to Israel during the 1967 Six-Day War. In an effort that was led by Faisal of Saudi Arabia, the initial countries that OAPEC targeted were Canada, Japan, the Netherlands, the United Kingdom, and the United States. This list was later expanded to include Estado Novo (Portugal), Portugal, Rhodesia, and South Africa. In March 1974, OAPEC lifted the embargo, but the price of oil had risen by nearly 300%: from US to nearly US globally. Prices in the United States were significantly higher than the global average. After it was implemented, the embargo caused an oil crisis, or "shock", with many short- and long ...
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San Francisco Peace Treaty
The , also called the , re-established peaceful relations between Japan and the Allies of World War II, Allied Powers on behalf of the United Nations by ending the legal state of war, military occupation and providing for War reparations, redress for hostile actions up to and including World War II. It was signed by 49 nations on 8 September 1951, in San Francisco, United States, at the War Memorial Opera House. Italy and China were not invited, the latter due to disagreements on whether the Taiwan, Republic of China or the People's Republic of China represented the Chinese people. Korea was also not invited due to a similar disagreement on whether South Korea or North Korea represented the Korean people. The treaty came into force on April 28, 1952. It ended Japan's role as an imperial power, allocated compensation to Allied nations and former Prisoner of war, prisoners of war who had suffered Japanese war crimes during World War II, ended the Allied post-war occupation of Jap ...
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Shigeru Yoshida
was a Japanese diplomat and politician who served as prime minister of Japan from 1946 to 1947 and again from 1948 to 1954, serving through most of the country's occupation after World War II. Yoshida played a major role in determining the course of post-war Japan by forging a strong relationship with the United States and pursuing economic recovery. Born in Tokyo to a former samurai family, Yoshida graduated from Tokyo Imperial University in 1906 and joined the Ministry of Foreign Affairs. He held various assignments abroad, including in China, where he advocated increased Japanese influence. From 1928 to 1930, Yoshida served as vice minister of foreign affairs, then served as ambassador to Italy until 1932. In 1936, he was considered for foreign minister in the cabinet of Kōki Hirota, but he was opposed by the Army, who strongly identified him with liberalism and friendship with Great Britain and the United States. Yoshida served as ambassador to Britain from 1936 to 1938. ...
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Korean War
The Korean War (25 June 1950 – 27 July 1953) was an armed conflict on the Korean Peninsula fought between North Korea (Democratic People's Republic of Korea; DPRK) and South Korea (Republic of Korea; ROK) and their allies. North Korea was supported by China and the Soviet Union, while South Korea was supported by the United Nations Command (UNC) led by the United States. The conflict was one of the first major proxy wars of the Cold War. Fighting ended in 1953 with an armistice but no peace treaty, leading to the ongoing Korean conflict. After the end of World War II in 1945, Korea, which had been a Korea under Japanese rule, Japanese colony for 35 years, was Division of Korea, divided by the Soviet Union and the United States into two occupation zones at the 38th parallel north, 38th parallel, with plans for a future independent state. Due to political disagreements and influence from their backers, the zones formed their governments in 1948. North Korea was led by Kim Il S ...
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United States
The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 contiguous states border Canada to the north and Mexico to the south, with the semi-exclave of Alaska in the northwest and the archipelago of Hawaii in the Pacific Ocean. The United States asserts sovereignty over five Territories of the United States, major island territories and United States Minor Outlying Islands, various uninhabited islands in Oceania and the Caribbean. It is a megadiverse country, with the world's List of countries and dependencies by area, third-largest land area and List of countries and dependencies by population, third-largest population, exceeding 340 million. Its three Metropolitan statistical areas by population, largest metropolitan areas are New York metropolitan area, New York, Greater Los Angeles, Los Angel ...
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United States Antitrust Law
In the United States, antitrust law is a collection of mostly federal laws that govern the conduct and organization of businesses in order to promote economic competition and prevent unjustified monopolies. The three main U.S. antitrust statutes are the Sherman Act of 1890, the Clayton Act of 1914, and the Federal Trade Commission Act of 1914. Section 1 of the Sherman Act prohibits price fixing and the operation of cartels, and prohibits other collusive practices that unreasonably restrain trade. Section 2 of the Sherman Act prohibits monopolization. Section 7 of the Clayton Act restricts the mergers and acquisitions of organizations that may substantially lessen competition or tend to create a monopoly. The Robinson–Patman Act, an amendment to the Clayton Act, prohibits price discrimination. Federal antitrust laws provide for both civil and criminal enforcement. Civil antitrust enforcement occurs through lawsuits filed by the Federal Trade Commission (FTC), the Antitrus ...
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