Japanese contract and anti-trust law : a sociological and comparative study

Bibliographic Information

Japanese contract and anti-trust law : a sociological and comparative study

Willem M. Visser 't Hooft

(Meijers' series, 43)

RoutledgeCurzon, 2002

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Note

"Defended as a PhD thesis on March 22nd, 2000, Leiden University"--T.p. verso

"This publication is part of the Meijers' series published under the auspice of the E.M. Meujers Institute of Legal Studies, Faculty of Law, Leiden University, The Netherlands."--P. [4] of cover

Includes bibliographical references (p. [193]-206)

Description and Table of Contents

Description

Little has been written on Japanese contract law and anti-trust law in Western languages. This book describes the role of this law in protecting the distributor against unilateral terminations of distribution agreements. There have been significant pressures both to lower prices and restructure distribution channels in Japan which have strained many distribution agreements. This volume, based primarily on Japanese language legal material, not only involves a study of applicable black-letter law, but also a sociological study of its application in practice. Detailed analysis has been made in particular of famous legal termination cases during the 1990s in the Japanese luxury cosmetics distribution system which generated influential decisions by the higher courts and the Fair Trade Commission, providing new insights into whether or not there are distinct Japanese attitudes towards contracts.

Table of Contents

Acknowledgements List of Abbreviations 1. Introduction 2. Japanese Contract Law and the Unilateral Termination of Distribution Agreements 3. Japanese Anti-Trust Law and the Unilateral Termination of Distribution Agreements 4. Termination Disputes Within the Japanese Distribution System For Luxury Cosmetics, A Case Study: Manufactures V. Discounters 5. Dutch Law and the Unilateral Termination of Distribution Agreements 6. A Discussion on Japanese Attitudes Toward Contracts Bibliography Appendix I. Case Law: Japan Appendix II. Case Law: The Netherlands Appendix III. Case Law: European Union

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