Japan: Recent amendments to the Anti-Unfair Practices Act
in short A law amending the Unreasonable Premiums and Misleading Statements Act ("Behavior") effective October 1, 2024.1 The Consumer Affairs Agency roughly divides the amendments into three categories: "promoting voluntary efforts by entrepreneurs," "strengthening deterrence of violations," and "enacting regulations to ensure smooth implementation." In this alert, we provide a brief introduction and overview of the revisions. (1) Introduction to commitment procedures The most noteworthy aspect of these amendments is the introduction of a commitment procedure.2 Before the revision, there was no system for evaluating entrepreneurs' proactive measures to correct and prevent recurrence of violations. The undertaking procedure enables entrepreneurs suspected of making misleading statements, etc., to avoid administrative processing (e.g. action orders3 or administrative fine ("surcharge")Payment Order), prepare and submit a corrective action plan and obtain approval from the Prime Minister. (2) The surcharge refund system is more flexible Article 10 of the Law stipulates that a specific consumer who engages in a transaction of goods or services involving…
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