Answer ... If the Japan Fair Trade Commission (JFTC) issues a cease-and-desist order, the parties may appeal to the Tokyo District Court for revocation of the order. The formal appeal to challenge the JFTC’s decision must be filed, unless justifiable reasons exist, within:

• six months of the date on which the parties become aware of the order; and
• one year of the date on which such order was issued.

If the Tokyo District Court upholds the JFTC’s decision, the parties may appeal to the Tokyo High Court and subsequently to the Supreme Court.

The JFTC’s decision will be fully reviewed during the appeal procedure, although the Supreme Court principally reviews cases on points of law only.

Answer ... The Anti-monopoly Act does not clarify whether third parties have standing to sue against a decision issued by the JFTC in the context of merger control.

Under the Administrative Case Litigation Act, which principally governs administrative litigation, an action for revocation of an original administrative disposition may be filed only by a person with a legal interest in seeking revocation of the administrative disposition. We are not aware of any cases in which a court has decided whether a third party is entitled to challenge the JFTC’s decision in relation to merger control.