The Japan Fair Trade Commission (JFTC) is drafting amendments to its system for imposing penalties and its leniency policy under the Japanese Antimonopoly Act, taking into account the recommendations in a report by an expert study group that it commissioned. Among the reforms it is considering are: expanding the turnover base for the calculation of penalties from turnover in the products affected by the infringement to total turnover in the relevant market; allowing penalties to be calculated on the basis of turnover during the whole period of the infringement rather than just the last three years (as is presently the case); and extending leniency (in the form of reduced penalties) to all persons providing relevant information and cooperating in the investigation, not just the first five applicants.
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