| Project/Area Number |
11620039
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Civil law
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| Research Institution | KYOTO UNIVERSITY |
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Principal Investigator |
KAWAHAMA Noboru Kyoto University, Graduate School of Law, Professor, 大学院・法学研究科, 教授 (60204749)
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| Project Period (FY) |
1999 – 2002
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| Project Status |
Completed (Fiscal Year 2002)
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| Budget Amount *help |
¥3,300,000 (Direct Cost: ¥3,300,000)
Fiscal Year 2002: ¥800,000 (Direct Cost: ¥800,000)
Fiscal Year 2001: ¥700,000 (Direct Cost: ¥700,000)
Fiscal Year 2000: ¥800,000 (Direct Cost: ¥800,000)
Fiscal Year 1999: ¥1,000,000 (Direct Cost: ¥1,000,000)
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| Keywords | investors protection / behavioral law and economics / prudence regulation / network externalities / merchant banking / bank equity holdings / 自己責任原則 / 自己決定 / 市場画定 / 内部者取引 / 相場操縦 / 銀行持株会社 / 銀行と商業の分離 / 金融サービス法 / 自己責任 / 健全性 / モンタリング / 異業種参入 / 投資勧誘 / 市場の公正 / 証券取引法 / 自主規制 / 不公正取引 |
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| Research Abstract |
In this research, this author make it clear that investor protecitin regime require prudence regulation and reguralition against market abuse as well as broker-dealer regulations. Then the author deal with an analytical evaluation of the significance of the removal of anti-competitive regulation by Japan's Big Bang in the past years, and points out inadequacy of the current state of law in encouraging innovation on the one hand and consumer protection on the other. The author attempt to provide a theoretical picture regarding the effects of modern financial regulation on the competition policy in Japan. In particular, the author notes the issue of how to ensure both maintaining soundness of financial institutions and promoting competition. The author also provides a careful examination of selected issues in applying the Anti-Monopoly Act to the financial services area in Japan, focusing on the difficult issues of defining the relevant market in applying the Act when financial institutions are becoming more and more integrated into the conglomerate fashion, and dealing with network effects in competition law that have been brought in as a result of the advancement of information and communications technology.
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