News Releases

June 26, 2015
Japanese Society for Rights of Authors,
Composers and Publishers
（JASRAC）

Decision on Resumption of Hearing Procedures

JASRAC recently received an original copy of the written decision on resuming hearing procedures (dated June 16, 2015) from the Fair Trade Commission (hereafter “FTC”).

These hearing procedures were initiated at JASRAC's request for a hearing (April 28, 2009) as it appealed for the rescission of the FTC's cease-and-desist order (February 27, 2009). The hearing process concluded with the 13th hearing (June 1, 2011), followed by the decision to rescind the order (June 12, 2012). But the FTC recently decided to resume the hearing procedures because the decision to rescind the cease-and-desist order was revoked by a ruling of the Tokyo High Court (which was confirmed by an April 28, 2015 ruling of the Supreme Court on the same day).

After the hearing procedure resumes, three examiners newly appointed will discuss the remaining points at issue (*).

* The points at issue are the applicability of three requirements for exclusionary private monopolization as stipulated in Article 2 Paragraph 5 of the Antimonopoly Act except the effects of exclusion for which the decision has been confirmed in the above-mentioned ruling of the Tokyo High Court (artificiality, practical restrictions on competition, and public interests) and the necessity and practicability of the cease-and-desist order.

End