The transformation of roles of state and market and its effect on the civil society

Research Project

Project/Area Number	23730059
Research Category	Grant-in-Aid for Young Scientists (B)
Allocation Type	Multi-year Fund
Research Field	Social law
Research Institution	Yokohama National University (2013) Tokai University (2011-2012)
Principal Investigator	AOYAGI Yuka 横浜国立大学, 国際社会科学研究院, 准教授 (60548155)
Project Period (FY)	2011 – 2013
Project Status	Completed (Fiscal Year 2013)
Budget Amount *help	¥4,290,000 (Direct Cost: ¥3,300,000、Indirect Cost: ¥990,000) Fiscal Year 2013: ¥1,430,000 (Direct Cost: ¥1,100,000、Indirect Cost: ¥330,000) Fiscal Year 2012: ¥1,430,000 (Direct Cost: ¥1,100,000、Indirect Cost: ¥330,000) Fiscal Year 2011: ¥1,430,000 (Direct Cost: ¥1,100,000、Indirect Cost: ¥330,000)
Keywords	EU / 社会保障 / 競争法 / 市場 / 競争
Research Abstract	Japan has marketised various services which has been considered to be supplied by the states, including social welfare services. It has been discussed that, once marketise, those social services are also put within the ambit of competition law just like other economic activity. However, close study on the related EU cases indicates whether competition law (or state aid) regulations are applied is depending on the way the services introduced "market" function, thus case by case scrunity is always required. Even in the case where competition law is applied, consideration of various justification, such as solidarity, makes the judgement complicated.