Excluding Competitors by Restricting Dealings with Rival Firms: The Minami Airport Service Case (Tokyo High Court, January 25, 2023)
My commentary on the High Court judgment in the Minami Airport Service case was published in the third edition of Keizaiho Hanrei Shinketsu Hyakusen (Leading Cases and Decisions in Economic Law). I studied with the first edition as an undergraduate and the second edition as a graduate student, so I was happy that my own piece was included.
While I was writing the commentary last year, the Supreme Court dismissed Minami’s appeal, so the case was settled by this judgment. I think the judgment raises various issues in how it states the legal norms for conduct of the trading-on-restrictive-terms or exclusive-dealing type, and in how the law is interpreted and applied, but I tried to keep the commentary as plain as possible so as not to confuse the intended readers.
I would be glad if you picked it up.
This post was translated from the Japanese original.