Yasuhiro Yoshikawa Senior Investigator IV, JFTC

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Presentation transcript:

Japan’s Experience on Competition Law Enforcement against Exclusive Dealings Yasuhiro Yoshikawa Senior Investigator IV, JFTC ICN Unilateral Conduct Workshop November 1 - 2, 2018 -

DeNA Case (Jun 2011 JFTC Order)

Players in the Japanese Mobile Social Gaming Market DeNA Co., Ltd. GREE, Inc. Mobage GREE

What is Mobile Social Game? SNS Network Constitution User Company Service Operator Game advertisement

Newly Added Platform Business Social Game Developers Specified Social Game Developers DeNA GREE Mobage GREE Registered users of Mobage Registered users of GREE

Newly Added Platform Business Specified Social Game Developers Interference DeNA GREE Mobage GREE Disconnecting website links Registered users of Mobage Registered users of GREE

“Interference with Competitor’s Transactions” The JFTC found the link-disconnecting action by DeNA interfered with the trade between the specified social game developers and GREE. The action falls within the concept of “interference with competitor’s transactions”. ----one type of unfair trade practice regulated by the Antimonopoly Act, Article 19---- （designated in paragraph 14 of the “FTC Public Notice” which is called “Designation of Unfair Trade Practices”）

Analysis on DeNA case Means to Create Exclusivity - “De Fact Exclusivity” Evaluating Competitive Effects - Market Coverage - Evidence of “Foreclosure Effect”

Thank you very much for your attention! Japan Fair Trade Commission (https://www.jftc.go.jp/en/index.html)