| Co-Investigator(Kenkyū-buntansha) |
HIENUKI Tosifumi HOKKAIDO UNIVERSITY ; School of Law ; Professor, 大学院・法学研究科, 教授 (70113610)
MUKAIDA Naonori HOKKAIGAKUEN UNIVERSITY ; School of Law ; Professor, 法学部, 教授 (90104695)
KOJO Makoto St.St.Sophia UNIVERSITY ; School of Law ; Professor, 法学部, 教授 (80013027)
MATSUMURA Yosiyuki HOKKAIDO UNIVERSITY ; School of Law ; Professor, 大学院・法学研究科, 教授 (80091502)
HAYASHIDA Seimei HOKKAIDO UNIVERSITY ; School of Law ; Professor, 大学院・法学研究科, 教授 (50145356)
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| Research Abstract |
This research project was conducted from the year of 1998 to 2000. Now, the Japan's Antitrust Act has been a matter of keen concern both in Japan and in foreign countries. The Antitrust Act is equipped with various manners to regulate the violation of the law, that is, (i) cease and desist order, (ii) payment order of fine both by the Fair Trade Commission as administrative measures, (iii) strict liability, (iv) damages by tort both as the measures by the civil law, and (v) the criminal penalty. In addition, injunction was introduced to deal with the unfair commercial transaction. As for the conference on the bidding about the construction by the government budget, the governmental office deprives the viola tor of the qualification to participate the bid and suspends the business. In addition, the lawsuit for restitution is submitted. However, violations are not sufficiently deterred. Therefore, what we should do is to find the optimal mixture of the above-mentioned measures in order to attain the effective deterrence.
In this research project, comprehensive studies were conducted such as the one to create and devise the model to regulate the violation to the Antitrust Act and to analyze and evaluate the model. First, merits and demerits of the individual measures to deter the violation were investigated. Problems of law enforcement about payment order of fine, which is considered by lawyers to be the most effective manner, were pointed out. Second, illegal commercial transaction in the market was analyzed in terms of law and economics approach. Third, the survey on the attitudes and behavior patterns of the firms which experienced the violation was conducted. In addition, comparative studies on manners of regulation among US, EU, Germany and Japan was done, and consumer class action in Germany was examined.
We are convinced that this research project will make a great contribution to designing the new optimal legal system.
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