Antimonopoly Case Study Group (No. 78): A Case Holding that Restrictions by Fishery Cooperatives on Shipments outside the Cooperative System Constituted an Unfair Trade Practice
I wrote a case note in NBL on two cease-and-desist orders concerning restrictions imposed by fishery cooperatives and their federation along the Ariake Sea coast on nori producers’ shipments outside the cooperative system.
It is an interesting case in which the main issue was whether a “written pledge” on shipments outside the system, not backed by monitoring or sanctions, constitutes an unjust restriction. In the note I examine in particular the finding of a market foreclosure effect.
The case is now being contested in the district court, and I hope that more detailed findings of fact, going beyond what is stated in the orders, will be made. I would like to write a more detailed analysis once the district court rules, but given the other articles I want to write, whether I can do so is uncertain…
For now, I hope you enjoy it as a brief case note on the orders.
This post was translated from the Japanese original.