2002 Fiscal Year Final Research Report Summary
Comparative Study of the Competition Laws' Control on the Mega-Mergers
| Project/Area Number |
12620062
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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 | Kobe University |
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Principal Investigator |
SENSUI Fumio Kobe University, Graduate School of Law, professor of law, 大学院・法学研究科, 教授 (50179363)
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| Project Period (FY) |
2000 – 2002
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| Keywords | Anti-monopoly Law / competition law / mega-merger / abuse of dominant position / market power / restructuring / effective competition review / safeguard |
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| Research Abstract |
The research results during the period consist of four groups of comparative studies. The attacked report includes both these results and the articles published during the period.
(1) I analyzed basic concepts adopted by the control of mega-mergers: market power, coordinated effects, unilateral effects, dominance, collective dominance and so on. And I analyzed both decisions of US Department of Justice and EC Commission on the merger between GE and Honeywell.
(2) It became apparent that there are differences in some points between US and European approaches against mega-mergers, and that causes may lie in the interpretation of the concepts "dominance" and "SCL" ("significantly lessen competition" test), in the a concepts of "short-term" and "long-term" by evaluating the effects to competition. Thereafter, I analyzed some mega-merger cases in Japan, especially in the fields of banking and insurance.
(3) I advocated some amendments of Japanese Antimonopoly Act. I attended study groups held in JFTC, and I recommended amendments of Section 9, 9-2 and 11 of the Antimonopoly Act. I made public comments to the draft report of the METI on the smoothing of the JFTC's merger review procedure. These comments are based on the above-mentioned research results.
(4) I applied the research results to another fields of competition law and, furthermore, to another fields of laws. That is, I published an article on the leniency program in the US Antitrust Laws, and I was invited to a symposium on safeguard held by Japan Association of International Economic Law and commented on safeguard from the perspective of competition policy.
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