2010 Fiscal Year Final Research Report

Regulatory Criteria of Antimonopoly Law for Exclusionary Conducts in High-Technology Industry

Research Project

Project/Area Number	19730047
Research Category	Grant-in-Aid for Young Scientists (B)
Allocation Type	Single-year Grants
Research Field	Social law
Research Institution	Osaka University
Principal Investigator	TAKEDA Kuninobu Osaka University, 高等司法研究科, 准教授 (00305674)
Project Period (FY)	2007 – 2010
Keywords	独占禁止法 / 競争者排除行為
Research Abstract	I define a high-technology industry as an industry that entails uncertainty, network effect, or innovation. Exclusionary conduct in that industry can be divided into one of following types : leverage of market power from one market to another, defensive leverage of market power in a market, or escape from utility regulation (problem of Baxter Law). In both US and EU, much attention is paid to the problem of false positive and false negative. It is said that traditionally EU competition law has a tendency to protect not competition but competitor. But EU has considered having an Equally Efficient Competitor rule, which is intended to guarantee a legal predictability for dominant firm. I think that to be an interesting phenomenon.