| Project/Area Number |
25380069
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Multi-year Fund |
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| Section | 一般 |
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| Research Field |
Social law
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| Research Institution | Hirosaki University |
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Principal Investigator |
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| Project Period (FY) |
2013-04-01 – 2016-03-31
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| Project Status |
Completed (Fiscal Year 2015)
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| Budget Amount *help |
¥1,950,000 (Direct Cost: ¥1,500,000、Indirect Cost: ¥450,000)
Fiscal Year 2015: ¥650,000 (Direct Cost: ¥500,000、Indirect Cost: ¥150,000)
Fiscal Year 2014: ¥650,000 (Direct Cost: ¥500,000、Indirect Cost: ¥150,000)
Fiscal Year 2013: ¥650,000 (Direct Cost: ¥500,000、Indirect Cost: ¥150,000)
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| Keywords | フランチャイズ / 独占禁止法 / 優越的地位の濫用 / 事業者の労働者性 / 反トラスト法 |
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| Outline of Final Research Achievements |
The subject of this research is analyzing the franchising regulation and cases in Japan and the U.S. to get hints for making Japanese regulation improved. For this subject, (1) I analyzed cases of the abuses of a superior bargaining position by a franchisor in Japan , (2) I analyzed cases in which the issue is whether a franchisee is a labor or not. (1) is closely connected with (2), because a franchisor decides unilaterally to change franchising systems etc. and a franchisor reject to negotiate them with its franchisees, besides if a franchisee would not comply with demands from a franchisor, the franchising contract will be terminated, so the character of a franchisee is very close to a labor and its position is very vulnerable. Therefore we have to take into account of franchisees’ collective bargaining power to make an effective conflict resolution system.
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