On January 30, 1998, the World Trade Organization (WTO) panel
issued a final report rejecting all 21 points in a complaint brought by
the U. S. Trade Representative (USTR) regarding alleged Japanese
government actions restricting imports to Japan's consumer film
market.
The originator of the case was Eastman Kodak, which on May 18,
1995 filed a complaint under Section 301 of the U. S. Trade Act.
Kodak charged that anti-competitive practices by Fujifilm have
blocked Kodak's access to the photographic paper and film markets in
Japan.
Fujifilm's 595-page report,
Rewriting
History, rebutted each of Kodak's charges and showed them to be
largely based on distortions of fact.
In mid-1996, USTR, having failed to make a case under Section
301, decided to submit its claims to WTO.
Kodak called the film case one of the best-documented ever.
But as the Asian Wall Street Journal reported on December 8,
1997:
"many trade experts, including some U. S. officials, had
viewed the case as weak, partly because it relied on old evidence and
attacked vertical distribution alliances common in many
countries."
On February 3, 1998, USTR announced that it would not appeal the
WTO panel ruling.
Instead, USTR said it would establish an interagency committee to
monitor Japan's film market.
USTR's action ignores the WTO panel's report, which stated that
no government regulations, administrative guidance or other measures in
the Japanese film market either restrain competition or limit sales of
imported film.
In July, 1997, the Japan Fair Trade Commission study also stated
that there are no barriers to market entry or business practices in the
Japanese film market which violate Japanese anti-monopoly law.
"Focus on Film" is the latest update, summarizing key background facts related to the WTO decision in favor of Fujifilm in the film case.
"Know the Facts" explains in further detail why Kodak lost the WTO case. "Kodak Mistakes in Japan" details Kodak's mismanagement in Japan, while Hidden Facts exposes distortions in Kodak's charges about Japan's film market.