2013 Fiscal Year Final Research Report
Reseach for Contemporary Agenda and Paradigm of the Surcharge System
| Project/Area Number |
24730049
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| Research Category |
Grant-in-Aid for Young Scientists (B)
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| Allocation Type | Multi-year Fund |
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| Research Field |
Social law
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| Research Institution | Hiroshima Shudo University |
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Principal Investigator |
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| Project Period (FY) |
2012-04-01 – 2014-03-31
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| Keywords | 課徴金 / 独占禁止法 / 競争法 / 制裁 |
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| Research Abstract |
Since the Surcharge system of the Japanese Anti-Monopoly Law was introduced in 1977, the system has been used under un-discretionary and strict enforcement by the JFTC. However, it cannot respond to social change of internationalization of cartels, the expansion of enterprise groups, complication or diversification of distribution channels, etc., but the system is faced to difficulty of keeping sufficient deterrence.
My case analysis studies point out that the cases, which can respond to such modern problems by law interpretation, are restricted. And, I give suggestions to the practice of the surcharge system by clarifying the practices and theories of fining calculation in the EU competition authorities, which have the same problems.
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