The interaction between competition law and sector-specific law in telecom industry

2014 Fiscal Year Final Research Report

• Project/Area Number: 24530059
• Research Category: Grant-in-Aid for Scientific Research (C)
• Allocation Type: Multi-year Fund
• Section: 一般
• Research Field: Social law
• Research Institution: Osaka University
• Principal Investigator: TAKEDA Kuninobu 大阪大学, 法学(政治学)研究科(研究院), 教授 (00305674)
• Project Period (FY): 2012-04-01 – 2015-03-31
• Keywords: 経済法 / 事業法

Outline of Final Research Achievements

There was a big dispute about the interaction between competition law and sector-specific law in telecom industry. On the one hand, U.S. Supreme Court held that the role of antitrust law was little where a sector specific regulation was in force. On the other hand, EU Court of Justice held tha the role of competition law was still large even where a sector specific regulation was being enforced. I have studied the reason of this divergence. Especially, I focused on the Justice Breyer's reasoning in U.S. Court's rulings. Justice Breyer thought that the role of antitrust law got smaller where public utility regulation was enforced, but he did not think that the former role was never diminished. He only deployed cost-benefit analysis when considering to apply antitrust law.

Free Research Field

経済法