Initiatives of the JSLMA
JSLMA has established the "Fair Competition Rules Regarding the Provision of Spirits and Liqueurs Manufacturing Industry" (a 1979 Fair Trade Commission notification), which stipulates the securing of fair competition in the liquor manufacturing industry and the restriction of the provision of unfair merchandise, as well as its implementing regulations, under the guidance of the Fair Trade Commission, the Consumer Affairs Agency, and the National Tax Agency.
Furthermore, in order to smoothly promote the application of the merchandise and Representations Act and the Fair Competition Rules and to promote fair trade, the association is a member of the "National Fair Trade Council," a public interest incorporated association that liaises and coordinates with relevant government agencies and organizations, and obtains information from the Fair Trade Commission, the Consumer Affairs Agency, and other associations.
Furthermore, in order to smoothly promote the application of the merchandise and Representations Act and the Fair Competition Rules and to promote fair trade, the association is a member of the "National Fair Trade Council," a public interest incorporated association that liaises and coordinates with relevant government agencies and organizations, and obtains information from the Fair Trade Commission, the Consumer Affairs Agency, and other associations.
Initiatives by the National Tax Agency
In April 1998, the National Tax Agency issued the "Guidelines for the Sound Development of the Alcoholic Beverage Industry through Fair Competition" (Old Guidelines) to encourage voluntary efforts toward fair trade. However, because unreasonable transactions that did not conform to the rules of the Old Guidelines continued to be observed, the National Tax Agency enacted the "Guidelines for Fair Trade Concerning Alcoholic Beverages" (August 2006, New Guidelines) to promote voluntary efforts toward further ensuring fair trade, thereby securing liquor tax and ensuring the safety of alcoholic beverage transactions. These guidelines present a model for fair trade concerning alcoholic beverages that is in line with the actual situation of the alcoholic beverage industry, while also clarifying methods of cooperation with the Fair Trade Commission, taking into account the possibility of applying Article 84 of the "Law Concerning the Preservation of Liquor Tax and Liquor Industry Associations, etc." (Law No. 7 of 1953) <Recommendations or orders for the preservation of liquor tax>, and are working to ensure fair trade.
Initiatives of the Japan Fair Trade Commission
Based on the "Act on Prohibition of Private Monopolies and Maintenance of Fair Trade" (Law No. 54 of 1947), which is the basic law for fair competition in the alcoholic beverage market, the Japan Fair Trade Commission (JFTC) is working to regulate unfair trade practices by enacting and publicizing guidelines such as "Unfair Trade Practices" (JFTC Notification of 1982) and "Regarding Responses to Unfair Low Pricing, Discriminatory Pricing, etc. in the Distribution of Alcoholic Beverages" (November 2000).
Moves to amend laws and regulations
- In January 2006, the "Act on Prohibition of Private Monopolies and Maintenance of Fair Trade" was partially amended. Key points included a review of the surcharge system, the introduction of a surcharge reduction/exemption system, the introduction of investigative powers for violations, and revisions to adjudication procedures.
- In April 2006, the "Unfair Trade Practices in Advertising Offering Economic Benefits Through Lottery Methods, etc." (Fair Trade Commission Notification, 1971) was abolished due to the lack of examples of open lotteries.
- In February 2007, the "Restrictions on Matters Concerning the Provision of Premiums to General Consumers" (Fair Trade Commission Notification, 1977) was partially amended, changing the maximum value of premiums that businesses can offer from one-tenth of the transaction value related to the provision of the premium (100 yen if this amount is less than 100 yen) to two-tenths of the transaction value (200 yen if this amount is less than 200 yen).
- The Consumer Affairs Agency was established in September 2009 (Act No. 48 of 2009, Act on the Establishment of the Consumer Affairs Agency and the Consumer Commission).
- With the establishment of the Consumer Affairs Agency, the Premiums and Representations Act was transferred from the Fair Trade Commission to the Consumer Affairs Agency. Consequently, the jurisdiction over the Fair Competition Rules concerning the Provision of Premiums and Gifts in the spirits and liqueurs Manufacturing Industry and the Fair Competition Rules concerning the Labeling of Whiskey was also transferred from the Fair Trade Commission to the Consumer Affairs Agency.