| Project/Area Number |
12620060
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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 |
Social law
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| Research Institution | NIIGATA UNIVERSITY |
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Principal Investigator |
SAWADA Katsumi NIIGATA UNIVERSITY Faculty of Law, Professor, 法学部, 教授 (40187290)
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| Project Period (FY) |
2000 – 2002
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| Project Status |
Completed (Fiscal Year 2002)
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| Budget Amount *help |
¥1,800,000 (Direct Cost: ¥1,800,000)
Fiscal Year 2002: ¥900,000 (Direct Cost: ¥900,000)
Fiscal Year 2001: ¥900,000 (Direct Cost: ¥900,000)
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| Keywords | Discriminatory Price / EC Competition Law / German GWB / UK Competition Act / Japanese Competition Law / Exploitative Conduct / Unfair Trade Practice / Abuse of Dominant Position / 差別価格 / イギリス / 競争法 / 差別的取扱い / 競争政策 / 支配的地位の濫用 / ドイツ / 競争制限禁止法 / EC条約 / EC条約81条 / EC条約82条 / 競争制限 |
|---|
| Research Abstract |
In Japan, the practices of the authority against discriminatory pricing on the trading partners are not necessarily positive. In the EC competition law, on the other hand, discriminatory prices are prohibited mainly by Article 82 of the EC Treaty as abuse of dominant position and even singular price discriminations are banned. Under the German Act against Restraints of Competition (GWB), discriminatory prices are regarded as abuse of dominant position and thus, the higher price among various prices is usually looked at by the authority. The lower price can exceptionally constitute exclusionary behavior and be prohibited. Under the UK Competition Act, too, price discriminations are prohibited so far as they are participated in as abuse of dominant position.
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