2000 Fiscal Year Final Research Report Summary
"Reformation of Public Utilities Law And Interface between It and Competition Policy Under Deregulatory Era"
| Project/Area Number |
10620053
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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 | Konan University |
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Principal Investigator |
HAMATANI Kazuo Konan University, Faculty of Law, Professor, 法学部, 教授 (30218531)
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| Project Period (FY) |
1998 – 2000
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| Keywords | Deregulation / Competition Policy / Public Utilities / Anti-Monopoly Law / Universal Service |
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| Research Abstract |
Under great pressure of Japanese deregulatory reforms in field of each public utility industries including telecommunication, electric and gas power industry and so on, traditional legal concepts and frameworks about public utility industries has been reformed in part radically and another part gradually even in Japan. The result of this research project would like to emphasize
1.The traditional legal concepts and frameworks should change to a new one that is based on open and reasonable access to the dominant firm, also on social insurance of newly accepted universal service concept. And
2.The role of Japanese Anti-monopoly law has been rapidly increased and would increase more and more in order to regulate each anti-competitive behaviors of firms, especially those of dominant. In this sense, (1) the criterions for anti-monopoly law regulator should be definitely showed as a result of careful consideration taking real and current all of industries situations including potential competitive pressures. (2) a legal doctrine for general interface between public utility regulation and Anti-monopoly law regulation should be developed to override the current JFTC's practice. (3) Powers and resources of JFTC should also increase in order to adjust legal situations above-mentioned including creation special task forces on public utility industries, procedural reforms about using resources outside of JFTC and empowering investigatory tools of JFTC.
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