전후 일본 독점금지법 개정과정을 통해 살펴본 기업집단 규제의 시사점

One of the biggest reasons why Japan’s Antimonopoly Act differs from our legal system can be found in the historical process of enacting the Antimonopoly Act. The Japanese Antimonopoly Act was enacted under the leadership of the Allied Powers Command to prevent the emergence of conglomerates, which were considered to be war criminals, and was a structure that was difficult to sustain in the process of economic recovery. It was also a law that was not voluntarily chosen by Japan, but rather was forced upon the country by the US military government, and it is easy to imagine that there would have been considerable resentment in Japan. One of the main reasons for this is the historical process of enacting the Antimonopoly Act. The Antimonopoly Act was enacted under the leadership of the Allied Powers Command to prevent the emergence of chaebols, which were considered to be war criminals, and was a structure that was difficult to sustain in the process of economic recovery. It is also quite understandable that the law was not voluntarily chosen by Japan, but rather was enacted by the US military government, and that there would have been considerable opposition to it within Japan. One thing to keep in mind during the revision of the Antimonopoly Act is that not only the competition authority but also economic organizations and economic-related ministries actively expressed their opinions. Economic entities proposed strong deregulation measures from the perspective of the Japanese economy’s recovery, and in this process, the views of the Fair Trade Commission, as well as those of economic circles and economic-related ministries such as the Ministry of Economy, Trade and Industry and the Economic Council, were largely reflected. This is the biggest reason why the Japanese Antimonopoly Act differs from our law today.