2005 Fiscal Year Final Research Report Summary
A Comparative Study of Vertical Restraints
| Project/Area Number |
15530046
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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 | Waseda University |
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Principal Investigator |
TSUCHIDA Kazuhiko Waseda University, Faculty of Law, Professor, 法学学術院, 教授 (60163820)
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| Project Period (FY) |
2003 – 2005
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| Keywords | vertical restraints / antimonopoly law / unfair methods of competition / Sherman Act / Federal Trade Commission Act |
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| Research Abstract |
Unfair methods of competition, which are often used as tools of vertical restraints, have been provideed since the original version of the Antimonopoly Act in Japan. Kime's draft, which was to become the first antitrust law of Japan, have three sections regulating unfair methods of competition - sections 8, 9, 10 (he served as an official in the general headquarters of the allied powers supreme commander). The tentative draft Japan made in January, 1947 defined unfair methods of competition as "means to compete with a purpose to expand ability for business unfairly or to exclude or dominate operations of its competitors." This definition was deleted later, but such characterization of unfair methods of competition was not changed as mainly supplemental regulation of monopolizations. In addition, legal standards of unfair methods of competition were viewed as stricter than those of monopolizations in those days. The origin of regulation of unfair methods of competition in Japan was formed in this way. Seeing from such a historical background, legal standards of "store contract system" as one type of vertical non-price restraints should be generally stricter, for the system is in fact to select non price-cutting stores and to contract only those stores.
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