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2016 Fiscal Year Final Research Report

The reach of predation theory in the regulation of exclusionary pricing conduct

Research Project

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Project/Area Number 25380068
Research Category

Grant-in-Aid for Scientific Research (C)

Allocation TypeMulti-year Fund
Section一般
Research Field Social law
Research InstitutionHokkaido University

Principal Investigator

NAKAGAWA Hiroko  北海道大学, 法学研究科, 教授 (10301863)

Project Period (FY) 2013-04-01 – 2017-03-31
Keywords排除行為 / 略奪型排除 / RRC型排除 / プライス・スクイーズ / 包括料金 / リベート / 排他条件付き取引 / プラットフォーム
Outline of Final Research Achievements

This study has focused on clarifying the reach of the theory and the legal standards which has been advocated for analyzing predatory exclusion. The main subject of the study are exclusionary conducts with price setting, particularly, Price Squeeze, Loyalty Rebate and Per-processor License (Reducing Rival’s Revenue). As widely known, these conducts have multiple aspects including Raising Rival’s Cost. So applying only the predation theory to these types of conduct does not always lead a proper legal reasoning nor conclusion. Therefore, we reached the view that utilizing several economic theory consistently is very important in analyzing whether those conducts fulfill legal requirements like: whether some aspects of a conduct is undue method for competition; how the mechanism is in which exclusionary and anticompetitive effect arises by the conduct.

Free Research Field

exclusionary conduct in competition law

URL: 

Published: 2018-03-22  

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