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Ｖａｎ　Ｕｙｔｓｅｌ Ｊｏｓ Ｓｔｅｖｅｎ Last modified date：2024.06.03

Professor / Department of International Legal Studies
Faculty of Law


Graduate School
Department of Law and Politics
Graduate School of Law
Department of International Legal Studies
Graduate School of Law
Administration Post
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Homepage
https://kyushu-u.elsevierpure.com/en/persons/steven-van-uytsel
　Reseacher Profiling Tool　Kyushu University Pure
https://www.law.kyushu-u.ac.jp/programsinenglish/symposium/

Kyushu University’s International Programs in Law celebrates its 30th anniversary with an international symposium on the topic of Navigating a Risk Society. This theme, which has been crucial in obtaining MEXT scholarships for the past three years, reflects our current focus and the evolving interests within the International Programs.

As we transition from an industrial to a digitally driven society, we face a myriad of risks spanning the social, economic, and cultural fields. This transformation, powered by emerging technologies and global connectivity, introduces a new era with diverse and complex regulatory challenges. In every legal field, we confront uncertainties brought about by artificial intelligence, automation, robotics, and other disruptive technologies. These forces are reshaping our world, presenting unprecedented challenges and risks in all aspects of social life.

In this light, we cordially invite legal professionals, government representatives, and scholars from our 800-strong network of alumni, as well as anyone else with an interest in these issues, to contribute papers and presentations. We are eager to hear a wide range of perspectives on emerging risks, exploring the role of law and legal experts in addressing these challenges responsibly and sustainably.

Our symposium aims to be fully inclusive, encouraging discussions on all types of risks. We value diverse expertise and experiences and strongly encourage you to share your thoughts and ideas. Your contributions will enrich the dialogue and significantly add to the critical debates on these important topics.

Additionally, the event will open with a special plenary session where the founders of the program will reflect on its origins and early history. This session will offer a unique opportunity to explore the program's initial vision, its evolution over time, and how it has shaped the field of legal education in Japan and beyond. This retrospective view will provide a meaningful context for the discussions to follow, connecting our past achievements with our future vision and aspirations.

An option to submit a presentation proposal is available on the symposium website. We warmly welcome proposals from alumni and others, inviting you to join us in this enlightening dialogue on law’s evolving role in a fast-changing world. Your insights and experiences will greatly contribute to the depth and diversity of our commemorative event. Details for registration will be communicated through a seperate newsletter.

Warm regards,

Steven Van Uytsel .
https://www.ascola-asia.com/kyushu-univ-horizontal-shareholding
https://vanuytsel.wixsite.com/fintechinasia
Regulating FinTech in Asia: Global Contexts, Local Perspectives .
https://vanuytsel.wixsite.com/leniency-competition
Leniency Policy in Asian Competition Law Conference .
https://vanuytselsteven.wixsite.com/algorithmcollusion
Conference: Collusion, Algorithms and Competition Law .
https://www.algorithms-competition-law.com/
Conference Website .
https://www.kyushu-university-law.com/
Conference Website .
Academic Degree
LL.D.
Country of degree conferring institution (Overseas)
No
Field of Specialization
competition law, law and economics, law and technology, artificial intelligence
ORCID(Open Researcher and Contributor ID)
https://orcid.org/0000-0001-7484-9080
Total Priod of education and research career in the foreign country
00years00months
Outline Activities
My research focuses on competition law and artificial intelligence. In the field of competition law, I mainly focus on competition laws in Asia, enforcement of competition law (leniency program, private enforcement), common shareholding and competition law, and digitalization and competition law. My research on artificial intelligence mainly relates to liability issues. Most recently, this study has focused on artificial intelligence, autonomous vehicles and liability. In the past, I also researched culture and the law.

As to education, I teach courses on legal research methodology and writing, legal research training, competition law, artificial intelligence and law. For the undergraduate students, I am responsible for an English language course.
Research
Research Interests
  • Global Value Chain
    keyword : common ownership, competition law
    2023.04～2025.05.
  • Competition and corporate law: interaction
    keyword : compeition
    2022.06～2022.06.
  • Common ownership, Competition Law and Startups
    keyword : common ownership, horizontal shareholding, venture capital
    2021.04～2024.03.
  • Horizontal Shareholding and Competition Law
    keyword : horizontal shareholding, fintech, asia
    2020.06～2020.06.
  • Algorithms and the Law
    keyword : Algorithms
    2018.01～2020.03.
  • The Japanese Leniency Program
    keyword : competition law, leniency, empirical study
    2011.04～2014.03.
  • Competition law and enforcement
    keyword : Competition law, enforcement, leniency program
    2015.04～2018.03.
  • Law and Culture (Trade and Culture, Safeguarding, Protecting)
    keyword : Law and Culture
    2008.04～2011.03.
  • Competition Law and Internationalization
    keyword : competition law; internationalization
    2008.04～2011.03.
Current and Past Project
  • This projects aims at mapping out the laws that regulate the safeguarding of intangible cultural heritage or that affect the regulation of intangible cultural heritage in the Mekong area.
Academic Activities
Books
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Reports
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Papers
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1. Stefan Wrbka, Steven Van Uytsel & Mathias Siems, Access to Justice and Collective Actions: Florence and Beyond, Collective Actions: Enhancing Access to Justice and Reconciling Multilayer Interests?, 1-19, 2012.04.
2. Steven Van Uytsel, Collective Actions, Access to Justice and Multilayer Interests: Enhancement and Reconciliation in the Field of Competition Law?,, 57, 2012.04.
3. Steven Van Uytsel, Beyond the European Community Treaty Provisions: A Need to Question the Cassis de Dijon Rule of Reason in Wouters?, Hosei Kenkyuu, 76, 1-2, F1-248, 2009.12, [URL].
Presentations
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1. Ｓｔｅｖｅｎ Ｊｏｓ Ｖａｎ　Ｕｙｔｓｅｌ, Tackling Cartel Behavior in the Japanese Society: A Quest for a Different Approach, The Asian Law and Society, 2016.09, Deterrence has, for decades, been the mantra of competition law enforcement authorities in their fight against cartels. Fines and, if available, jail sentences reached record heights. Leniency policies were adopted to reach a higher probability of detection. The focus on high fines and increased probability of detection was inspired by assumption that firms are rational profit maximizers, weighing the costs and benefits of entering in a cartel, and that the height of fines and the probability of detection are determining factors for the cost of participating in a cartel.
Japan has for a long time not paid any attention to the deterrence mantra. To the contrary, the Japanese government undertook several initiatives to encourage cartel formation in the 1950s and 1960s. It could be stated that the favorable stance towards cartels finally faded away in the late 1990s, with an exception in the 1970s. In the 1970s, the Japanese legislator conceptualized a new sanction, the administrative surcharge. During the 1990s, the final pro-cartel legislations were abolished. At the same time, the legislator has taken steps to increase the level of fines and the Japan Fair Trade Commission has stepped up its enforcement initiatives.
The step towards a stricter application of the Anti-Monopoly Law (AML) continued since the turn to a new century. In 2005, Japan followed the steps of the United States and the European Union in implementing a leniency policy with the aim of increasing the probability of detection. In 2015, a long standing debate in academic writing was taken up in order to study whether it could be transformed into a policy goal. If implemented, this would mean that the JFTC would not be bound anymore by a legally determined percentage of the turnover when deciding on the surcharge.
Recent international scholarship is questioning whether the neoclassical economic paradigm of deterrence is effective. Maurice Stucke, for example, is pointing out, with four indicators, that cartel activity is persistent. A first indicator is the fact that penalties do not decrease. A second indicator is that the duration of cartels does not diminish. A third indicator is the continued workload of the enforcement authority in dealing with cartels. A fourth indicator is that firms persist in cartel formation even after publicizing record high fines.
Even though steps have been taken towards deterrence, Japan does still score badly on several of the indicators mentioned by Stucke. It may thus be questioned whether a continued emphasis on deterrence would deliver better results. This will be especially true if cartel formation is the result of a cost-benefit analysis, but of elements present in a certain society. That these societal elements are present in Japan will be the argument of this paper. Their presence will require a different approach, one that focuses on improving corporate culture, if one is serious of tackling cartel formation..
Membership in Academic Society
  • ASCOLA Asia
  • Asian Competition Forum
  • Academic Society for Competition Law
  • Academic Society for Competition Law
Educational
Educational Activities
Contemporary Issues in Competition Law; Legal Research Training; Research Methodology and Writing; Algorithms and the Law; Competition Laws in Asia; English Seminar; Comprehensive Research Seminar; Competition Law in Asia; Risk Management and the Law; Creative Thinking; International Arbitration
Other Educational Activities
  • 2023.06.
Social
Professional and Outreach Activities
International Collaboration: Thai Office of the Judiciary (program coordinator of and lecturer in Diploma Course on Contemporary Issues in Law); research collaboration with scholars in Zhejiang University and Melbourne University; research network for publishing books on Asian competition law, involving scholars from Singapore, India, Korea, China, Hong Kong, Philippines, Indonesia, Taiwan..


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