2006 Fiscal Year Final Research Report Summary
Research on Legal Regulation against Sales Promotion using Premium and Prize Based on an Investigation into the Actual Condition of Competition and Transaction in Japan
| Project/Area Number |
16530038
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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 | Saga University |
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Principal Investigator |
IWAMOTO Satoshi SAGA UNIVERSITY, Faculty of Economics, Professor, 経済学部, 教授 (00284604)
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| Project Period (FY) |
2004 – 2006
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| Keywords | sales promotion using premium / sales promotion using closed lotteries or prize competition / open lotteries / unfair methods of competition / so-called "blind premium" / Japanese Regulation Law / German UWG and ZugabeVO / unjustifiable inducement of consumers |
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| Research Abstract |
The purpose of this project is to consider the ideal of rule and regulation on sales promotion by using premium and closed-prize or lotteries. To achieve this purpose, I conducted a survey of 2,794 consumer organizations by a questionnaire to grasp consumer's attitude and recognition against offering of premiums or prizes in connection with sales promotion. In addition, I reviewed the matter from comparative law such as EC, German and United States.
According to results of the above questionnaire, frequency of consumers purchasing commodities with premiums or prizes, tendency of inducement of customers through aleatory sales means and directivity of regulation against sales promotion by using such means have been arranged and analyzed in this report. Analysis has shown that : i )many respondents of above questionnaire, who have more expertise than ordinary consumers, even tend to be induced through premiums or prizes: ii )nevertheless the greater part of respondents recognize that regulation against aleatory sales promotion should be maintained or strengthened. When there is an opportunity that the present law and regulation shall be reexamined, the tendency and probability of inducement and the consumer's recognition of regulation should be taken into account.
From a viewpoint of comparative law, Japanese regulation is alien to average global stand that apart from "premiums", sales promotion by using "prizes or lotteries" is prohibited in principle. On the other hand, in Japan, premiums as well as prizes or lotteries by means of sales promotion are permitted within regular range. As so far as present regulation in Japan be concerned, it seems that business activities by using aleatory, in other word a gambling spirit as itself need to be discussed from a variety of perspectives containing not only view of competition law but also social and cultural background.
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