2002 Fiscal Year Final Research Report Summary

Comparative and Empirical Study on Prohibition of Discriminatory Prices

Research Project

Project/Area Number	12620060
Research Category	Grant-in-Aid for Scientific Research (C)
Allocation Type	Single-year Grants
Section	一般
Research Field	Social law
Research Institution	NIIGATA UNIVERSITY
Principal Investigator	SAWADA Katsumi NIIGATA UNIVERSITY Faculty of Law, Professor, 法学部, 教授 (40187290)
Project Period (FY)	2000 – 2002
Keywords	Discriminatory Price / EC Competition Law / German GWB / UK Competition Act / Japanese Competition Law / Exploitative Conduct / Unfair Trade Practice / Abuse of Dominant Position
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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