2007 Fiscal Year Final Research Report Summary
Legality of Vertical Restraints Included in Distribution System with Information Technologies : Searching Clues in The United States and EU.
| Project/Area Number |
17530041
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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 | Senshu University |
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Principal Investigator |
OTSUKI Fumitoshi Senshu University, School of Law, Associate Professor (30360887)
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| Project Period (FY) |
2005 – 2007
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| Keywords | economic law / anti-monopoly law / antitrust law / vertical restraint / resale price maintenance / distribution / infomation system / EU competition law |
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| Research Abstract |
(1)Studies on Antitrust Laws of The United States I researched into distribution systems with information technology. In June 2007, the standard for illegal resale price maintenance has changed. The Supreme Court in Leegin case held that resale price maintenance should be judged by the rule of reason, which was judge by the rule of per se illegality before. And that decision probably make the range of illegal resale price maintenance narrower. Therefore I checked experts opinions on the decision and studied influences of the decision on the regulation of vertical restraints.
(2) Studies on EU Competition Laws I examined Green Paper on Vertical Restraints in EC Competition Policy and papers on vertical restraints written after the time of making EC Commission Guidelines on Vertical Restraints. And I found possible competitive problems other than that arising from restraints stemming from every day thick information exchanges, which is a part of information system created for efficient distribution.
(3)Studies on Japanese Anti-monopoly Law First I studied interpretive and administrative issues of resale price maintenance regulation. Analyzing JFTC's decision and so forth, I showed not a little resale price maintenance are vertically concerted ones. And I came to the conclusion that JFTC should interpret and administer anti-monopoly law based on this fact. In addition, I surveyed distribution systems with information technologies, for example EOS and EDI, and studied expert's opinions about such systems.
(4) Overall Consideration After overall consideration with making allowance for US and EU vertical restraints regulation, I arrived at conclusions that using distribution system with information technologies does not reduce an anticompetitive effect of resale price maintenance, and gives necessity of carefully analyzing precompetitive effects of non-price vertical restraints.
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Research Products
(2 results)
