2023 Fiscal Year Annual Research Report
デジタルプラットフォームと独占禁止法：台湾・日本 比較法研究
| Project/Area Number |
22KF0177
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| Allocation Type | Multi-year Fund |
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| Research Institution | Kyoto University |
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Principal Investigator |
CHENG Shin・Ru 京都大学, 白眉センター, 特定助教 (20987383)
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| Project Period (FY) |
2023-03-08 – 2024-03-31
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| Keywords | aftermarket / market competition / IP rights |
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| Outline of Annual Research Achievements |
Long-lasting products (primary products) generally rely on complementary products (aftermarket products) to increase their durability and value. Economic research suggests that suppliers of primary products in super-competitive markets, seeking to maximize their profits, may be incentivized to exclude competitors in the aftermarket. This phenomenon is particularly common in digital markets, where firms attempt to connect their own technological devices and information services to create a closed digital ecosystem. Existing competition law is meant to both protect competition and uphold intellectual property rights, yet authorities face substantial enforcement difficulties when digital marketplaces are involved. To counter these difficulties, this article proposes a competition law framework that would impose stricter restrictions on the firms’ exercise of intellectual property rights while relaxing enforcement authorities’ burden of proof, thus increasing competition in the digital sphere.
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