Answer ... In order to challenge a cease and desist order imposed by the Japan Fair Trade Commission (JFTC), the parties may file an appeal for revocation of the order with the Tokyo District Court within six months of the date of becoming aware of the order or within one year of the date on which the certified copy of the order is received.
The decision of the Tokyo District Court may in turn be appealed to the Tokyo High Court within two weeks of the date on which service of the judgment document is received.
The parties may appeal the decision of the Tokyo High Court or file a petition of acceptance of final appeal to the Supreme Court within two weeks of the date on which service of a judgment document is received.
All decisions of the JFTC can be appealed and the court will conduct a full review of all facts and evidence.
Answer ... The Act on Prohibition of Private Monopolisation and Maintenance of Fair Trade does not specify whether third parties can appeal the JFTC’s decision. Under the Administrative Case Litigation Act, an action for revocation of an original administrative disposition on appeal may be filed only by a person that has a legal interest to seek revocation of the original administrative disposition.
However, the circumstances in which the court will rule that third parties have sufficient legal interest to appeal a JFTC decision are unclear, as there have been no such cases to date.