The Efforts of the JFTC Toward Promoting Procedural Fairness and Transparency in the Investigation Proceedings

This article is part of a Chronicle. See more from this Chronicle

Toshiyuki Nambu, Jul 15, 2015

HOW DOES THE CASE INVESTIGATION PROCEDURE OF THE JFTC ENCOURAGE TRANSPARENCY?

The JFTC provides the investigated parties with the proper opportunity to express their views and to be informed of the relevant evidence by the investigators in the process of a case investigation.

Specifically, investigated parties can submit to the Investigation Bureau of the JFTC their opinions in the form of written statement. This statement expresses their views on the alleged violation and the evidence, which sustains their views at any time of the investigation process.

Also, if necessary, investigators of the JFTC sometimes explain the relevant evidence on the investigated case, after hearing the parties’ views on the case, mid-course in the investigation process.

Additionally, the JFTC holds a hearing procedure at the final phase of investigation before issuing administrative orders.

The hearing procedure will be presided over by an independent hearing officer and the investigators of the JFTC will explain to the parties concerned the contents of the draft orders and the main evidence supporting the draft order.

Following the investigators’ explanation, the parties concerned may ask questions, present their arguments, and submit relevant evidence.

Besides, when issuing a cease and desist order and/or a surcharge payment order after a hearing procedure, the JFTC makes it…

ACCESS TO THIS ARTICLE IS RESTRICTED TO SUBSCRIBERS

Please sign in or join us
to access premium content!