Webinar : Japan’s Smartphone Act and its implications (2 PM KST on November 4th)

Opening : Mr. Chan-Su Jeon

Session 1: Japan’s Challenge to Encourage Competition in the Smartphone Software Market 

1. Speaker: Mr. Yusuke Takamiya, Partner, Mori Hamada & Matsumoto
2. Discussion Topics
   1. Background of the Smartphone Act
   2. Steps that the JFTC has taken to legislate the Japan Smartphone Act (including market studies, interim report consultation, final report, DMCH report and consultation)
   3. Details of the Smartphone Act
   4. Next steps towards the implementation (including designation, drafting of implementation guidelines, and expert study group)
   5. Differences between the DMA and the Smartphone Act
   6. Lessons for Korea
      1. Targeted regulations addressing specific issues without hindering overall technological and economic growth offer a more favorable alternative to broad, preemptive rules;
      2. Evidence-based rulemaking is crucial, as broad ex-ante rules can lead to unintended consequences, such as increased regulation costs, delayed innovation and investment, and limited consumer choices. To achieve this, a well-documented market study, impact assessment, public consultations, and engagement with stakeholders are crucial tools for evidence-based rulemaking; and
      3. There are opportunities to address genuine and existing competition bottlenecks – where clear market failures are evident – by pursuing more targeted regulation based on robust evidence and engaging in dialogue with stakeholders.

Session 2: Korea and Japan’s Responses to Digital Platform Competition Issues

3. Speaker: Mr. Sangyun Lee, Postdoctoral Researcher, Kyoto University

4. Speaker: Discussion Topics

1. Comparison of market situations in Korea and Japan;
2. Differences in competition enforcement between Korea and Japan;
3. Comparison of the legislative process for platform regulation in Korea and Japan;
4. Lessons to be learned from Japan for future legislative discussions, focusing on procedural aspects such as the importance of conducting thorough market research and analysis before proposing new regulations; and
5. Concerns about potentially introducing entirely new regulatory approaches into Korea’s already effective antitrust framework without sufficient justification or examination.

Closing : Mr. Ryan II Kang