Contents
Prospect of antitrust law and policy in 21st century : in reference to Japanese antimonopoly law and fair trade commission = 21세기 독점규제법과 정책에 대한 전망 : 일본 반독점법과 공정거래위원회를 참고로 / Toshiaki Takigawa ; 오승한 ; 권오승 역 1
1. Introduction 1
2. Increasing Importance of Competition Law and Policy in Japan 2
3. Need to Clarify Standards for Collaborative Activities. 5
a. International relevance of dichotomy between "per se illegal" and "rule of reason" 5
b. Problem about AML's "substantial restraint of competition" standard 6
c. Increasing irrelevance of special treatment for trade associations 7
d. Lessons to be drawn for 21st century antitrust 8
4. Need to Clarify Standards for Vertical Arrangements 9
a. Vertical arrangements as trade barriers 9
b. AML's "unfair business practices" in comparison with US FTC Act's "unfair methods of competition" 10
c. Overlapping application to unitary exclusionary conducts 11
d. Ambiguousness and Inflexibility in regulation of vertical arrangements 12
e. Lessons to be drawn for 21st century antitrust 13
5. Increasing Refinement of Merger Control 14
a. Need for a clear and flexible merger guideline 14
b. Improvement in Japanese merger guideline 14
c. Need for formal merger cases 16
d. Lessons to be drawn for 21st century antitrust 16
6. Control of "general Concentration" 17
a. "General concentration" in contrast with market concentration 17
b. Toleration in 1997 of holding companies 18
c. Lessons to be drawn for 21st century antitrust 19
7. Innovation and Competition Law 20
a. Guideline for collaborative R & D 20
b. Guideline for Intellectual Property Rights and Competition Law 21
c. Lessons to be drawn for 21st century antitrust 22
8. Elimination of Exempted Sectors 22
a. Curtailment of exempted sectors 22
b. Abolishing exemptions for depression cartels and rationalization cartels. 23
c. Lessons to be drawn for 21st century antitrust 24
9. Regulated Industries and Competition Law 24
a. Regulated industries as a cause of structural weakness in Japanese economy 24
b. Role of JFTC in Governmental effort for regulatory reforms 26
c. Lessons to be drawn for 21st century antitrust 27
10. Private enforcement of Competition Law 27
a. Scarcity in private enforcement of AML 27
b. Introduction of injunctive relief in AML 28
c. Judicial reform and private enforcement of AML 29
d. Lessons to be drawn for 21st century antitrust 29
11. Conclusions 29
References 31
[첨부자료:번역문] 33