2017 Fiscal Year Final Research Report
Collaboration between Comparative Law and Economics regarding Rationale and Criteria of "Efficiencies Defense" under Antitrust Law
| Project/Area Number |
26780032
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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 | Rissho University |
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Principal Investigator |
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| Project Period (FY) |
2014-04-01 – 2018-03-31
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| Keywords | 効率性 / 抗弁 / 総余剰 / 消費者余剰 / 競争促進的効果 / 正当化事由 / 適用除外 / 違法性阻却 |
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| Outline of Final Research Achievements |
The goal of this research is to comprehensively analyze whether certain anticompetitive activities will be justified by mainly focusing on efficiencies defense in the context of laws and regulations of Canada and Japan.
First, I have focused on the Article 96 of the Competition Act of Canada. I translated and analyzed a court decision by the Supreme Court of Canada and merger enforcement guidelines by the Competition Bureau Canada regarding efficiencies defense. I also looked into the interim report on competition policy of the Economic Council of Canada, House of Commons Debates, court decisions and other governmental reports. I concluded that the historical transformation of interpretation of efficiencies defense over time could be explained from the perspective of consumers’ benefit.
Second, I have studied whether and how various elements considered in the context of dumping, safety and administrative advice can be justified under the Japanese antitrust law.
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| Free Research Field |
社会法学
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