When authorities and courts apply law, guidelines, and precedent too rigidly, without an understanding of actual competition in the marketplace, they risk making incorrect judgments. Those risks can be minimized through the use of economic analysis to inform judgments so that they reflect actual market realities. While it is already common to use economists in antitrust litigation and regulatory matters in the US and EU, only recently has economic analysis begun to play an important role in such matters in Japan.

NERA held a seminar in Tokyo on 15 April 2009 to address global strategies for antitrust law and litigation. Kenji Ito, partner at Mori Hamada Matsumoto, and Joy Fuyuno, partner at White & Case, delivered presentations addressing recent developments in antitrust law in Japan and the relationship between law and economics. Then, NERA Vice President Dr. Hiroaki Ishigaki made a presentation regarding how effectively to use economic analysis in Japanese antitrust litigation.