Author
Prof Steven Van Uytsel
Organisation/Institution
Kyushu University, Faculty of Law
Country
JAPAN
Panel
Competition Law
Title
Legal Path Dependence and the Delayed Institutionalization of the Digital Global Value Chain: Insights from Japan’s Antimonopoly Act
Abstract
This paper examines how legal path dependence has shaped Japan’s response to the emergence of digital global value chains (DGVCs), as conceptualized by Anna Beckers. Beckers argues that DGVCs, much like traditional global value chains, require legal institutionalization to ensure accountability and stability across fragmented transnational networks. Yet, unlike in Europe—where regulatory frameworks have begun to formalize the governance of DGVCs—the Japanese approach reflects a slower, more constrained, and ultimately narrower process of institutionalization. Building on this theoretical foundation, the paper contends that Japan’s Antimonopoly Act (AMA)—formally titled the Act on Prohibition of Private Monopolization and Maintenance of Fair Trade—illustrates how legal path dependence can simultaneously hinder the development of new legal architectures while offering flexible mechanisms for enforcement. The AMA’s long-standing provisions on unfair trade practices have enabled the Japan Fair Trade Commission (JFTC) to tackle anti-competitive conduct in digital markets without enacting a comprehensive Digital Markets Act. Recent enforcement actions confirm this trajectory. The JFTC’s approval of commitment plans submitted by Google LLC, Booking.com, Expedia, Rakuten, Amazon Japan, and Apple demonstrates Japan’s reliance on traditional competition law tools to regulate digital platforms effectively. This does not mean that Japanese policymakers are indifferent to markets where competition is so constrained that new legislation becomes necessary or where the concept of a digital global value chain is explicitly recognized. Rather, Japan’s approach has been selective in scope—focusing primarily on the smartphone ecosystem—thereby institutionalizing a digital global value chain that is far more limited than the broad and ambitious model pursued in the European Union.
Biography
Steven Van Uytsel is a Professor at the Faculty of Law, Kyushu University, Fukuoka, Japan. He earned his legal education at the University of Antwerp, including a six-month exchange at Uppsala University through the European ERASMUS program. He subsequently completed his LL.M. and LL.D. at Kyushu University, as well as a Master of Arts in Japanese Studies at Mercator Hogeschool. Steven’s research focuses on competition law, with particular expertise in enforcement issues, price-fixing, and competition law across Asia. In addition to his research, he is actively involved in teaching courses on innovation, technology, and law, helping students explore the intersection of legal frameworks and emerging technologies in business and society. He has authored several influential publications, including Research Handbook on Asian Competition Law (Edward Elgar, 2020), Leniency Programs in Asian Competition Law (Cambridge University Press, 2021), and Algorithmic Collusion and Competition Law Enforcement (Edward Elgar, 2023). His work has contributed to understanding the regulation of digital markets, algorithm-driven price coordination, and competition policy in Asia.
