Answer ... Yes. The specific appeal process depends on the type of decision, as outlined below.

Administrative decisions: The defendant company may appeal the JFTC’s administrative orders (cease and desist orders and administrative surcharge orders) before the Tokyo District Court within six months of the date of such orders. The judgment of the Tokyo District Court may be appealed before the Tokyo High Court within 14 days of issue; while the Tokyo High Court decision may be appealed before the Supreme Court within 14 days of issue.

Criminal decisions: Upon finding cartel activities, the JFTC may file a criminal accusation of the defendant company’s cartel activities to the prosecutor general. The prosecutor can then bring a prosecution before the competent district court. If the competent district court finds the defendant company guilty, its judgment may be appealed before the competent high court within 14 days of issue; the high court decision may subsequently be appealed before the Supreme Court within 14 days of issue.

Answer ... In theory, third parties may appeal an administrative decision of the JFTC if they have a legal interest in seeking revocation of the decision (see Article 9(1) of the Administrative Case Litigation Act). However, we are not aware of any cases in which a third-party appeal against such decision has been admitted in a cartel case.

On the other hand, third parties cannot appeal criminal decisions of the competent courts.