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AntiTrust Laws

d Japanese courts are reluctant to embarrass their government with findings that oppose its policies or the actions of one of its key ministries.The continuing tension between collaboration and competition in Japanese policy makes negotiating an effective CPA much more difficult than merely establishing formal requirements for national law and enforcement. In Japan, what U.S. exporters and investors need is not better statutory guarantees. Rather, they need better access to remedies, through more aggressive JFTC enforcement, better access to private actions when the JFTC fails to act, and an alternative forum when the Japanese courts refuse to enforce the law. Lacking those, U.S firms can lobby their governments to take action on their behalf through the WTO, but its practical jurisdiction has proven quite limited....

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