2003 Fiscal Year Final Research Report Summary
regulatory reform and competition law /policy in the public utilities regulation
| Project/Area Number |
13620069
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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 | HOSEI UNIVERSITY |
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Principal Investigator |
KISHII Daitaro HOSESI UNIVERSITY, DEPARTMENT OF LAW, PROFESSOR, 法学部, 教授 (20114457)
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| Co-Investigator(Kenkyū-buntansha) |
TORII Akio YOKOHAMA STATE UNIVERSITY, DEPARTMENT OF MANAGEMENT, PROFESSOR, 経営学部, 教授 (40164066)
TAKENAKA Koji JAPAN UNIVERSITY, DEPARTMENT OF ECONOMICS, PROFESSOR, 経済学部, 教授 (50188207)
HIROSE Katuya HOSEI UNIVERSITY, DEPARTMENT OF LAW, PROFESSOR, 法学部, 教授 (90183920)
INABA Kaoru TOHOKU UNIVERSITY, SCHOOL OF LAW, PROFESSOR, 大学院・法学研究科, 教授 (10125502)
OKADA Toshihiro WASEDA UNIVERSITY, SCHOOL OF LAW, PROFESSOR, 大学院・法務研究科, 教授 (30213945)
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| Project Period (FY) |
2001 – 2003
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| Keywords | COMPETIITION LAW / ANTITRUST LAW / PUBLIC UTILITY / REGULATORY REFORM / REGULATORY AGENCY / ENERGY / TELECOMMUNICATION / POWER |
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| Research Abstract |
The purpose of this research project is to analyze the regulatory reform of the public utilities. Our main concerns are competition law and competition policy. Our project member's professional areas are Law, Economics and Public Administration. Public utilities regulation has experienced big change since 1980s - from the natural monopoly regulation to the regulated competition based on liberalization of incumbent's network facilities. Owing to this change, the following regulatory themes occur. (1)Control of incumbent's market power for the promotion of competition. (2)To ensure the independence of the regulatory agency as a neutral market supervisor. Concerning the (1)Control of market power, our project carry out two researches. One is comparative study of competition law - "monopolization" in American antitrust Law and "dominant position" in EU competition Law. The other is econometric model analysts of the market power in the Energy and Telecommunication sector. Concerning the (2)independence of regulatory agency, we carry out the international comparison based on the field study of United Kingdom, Germany and United States. Our research points are two. One is the legal and organizational structure of the each country's regulatory body. The other is the relationship between the regulatory agency and the competition authority.
The main results of research are follows. Concerning (1), we confirm the usefulness of the economic approach in determining the "relevant market". But on the assessment of the "exclusionary conduct", there remains difference between economics and law. Concerning (2), we observe that Japanese regulatory bodies are short of independence, and it is exceptional case in the highly developed countries. On the relationship between regulatory agency and competition agency, there are many types and variations and we cannot find distinct common feature between Europe, America and Japan.
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Research Products
(12 results)
