عنوان

Law and Economics in Japanese Competition Policy /

9789811381881

9811381887

9789811381874

Law and Economics in Japanese Competition Policy /

[Book]

Koki Arai.

Singapore :

Springer,

2019.

1 online resource

Includes bibliographical references.

Intro; Acknowledgements; Introduction; Contents; 1 Framework of Japanese Antimonopoly Act; 1 Economic Fundamentals of Competition Law; 2 Purpose of the Antimonopoly Act; 3 History and Position of the Antimonopoly Act; 4 Framework of the Antimonopoly Act; 5 Basic Terms and Concepts of the Antimonopoly Act; 5.1 Enterprise; 5.2 Competition; 5.3 Public Interests; Private Monopolization; 2 Private Monopolization; 1 Introduction; 2 Overview of the AMA; 3 Requirements of Private Monopolization; 4 The 2009 AMA Amendment and the JFTC Exclusionary Guidelines

3 Business Combination Guidelines4 Notification/Reporting Obligation, Advance Consultation System; 5 Advance Consultation; 6 Outline of This Part; 10 Merger Assessment in Japan: The Declining Importance of Market Shares; 1 Recent Trends in Merger Assessment; 2 The Iron Ore Case; 3 The Steel Case; 4 Conclusion; 11 Ex-post Examination of Mergers: Effects on Retail Prices; 1 Ex-post Examination of Mergers; 2 Outline of the Market; 3 Estimation Model; 4 Estimation results; 5 Conclusion; References; Enforcement and Organization

5 Construction Industry and Competition Policy1 Introduction; 2 Institutional Insight into Japanese Competition Policy; 3 Japanese Public Procurement and Construction Industry; 4 Bid-Rigging in Price; 5 Effect of Firm Entry; 6 Concluding Remarks; References; Regulation of Unair Trade Practices and Abuse of Superior Bargaining Position; 6 Regulation of Distribution and Trade Practices; 1 Introduction; 2 A Way of Thinking About the Legal and Illegality Judgment Standards; 3 Procompetitive Effect That Can Be Caused by Vertical Restriction; 4 Influential Enterprises in the Market

5 Resale Price Maintenance6 Non-price Ristricted Conduct; 7 Economic Analysis; 7 Exclusive Contracts When Incumbent Can Establish Direct Retailer; 1 Introduction; 2 Model; 3 Two-Part Tariffs; 3.1 Single Exclusive Offer; 3.2 Two Exclusive Offers; 4 Linear Wholesale Pricing; 5 Concluding Remarks; References; 8 Abuse of Superior Bargaining Position; 1 Introduction; 2 Some Levied Cases; 3 Similarities; 4 Counterparty; 5 Superior Bargaining Position; 6 Abuse; 7 The Necessity of Orders; 8 Conclusion; Merger; 9 Outline of Merger Regulation; 1 Merger Etc.; 2 Limitation on Shareholding of Company

5 The Nipro, Intel, and Usen and Nippon Network6 NTT East case; 7 A Brief Comparison of Japan's Law of Private Monopolization with USA and EU Laws; 8 JASRAC Case; 9 Conclusion; References; 3 Damages Calculations in Private Monopolization; 1 Introduction; 2 Rules and Facts; 3 Model Analysis; 4 Discussion and Conclusion; References; Cartel; 4 Cartel: Indirect Evidence in Japanese Cartel Control; 1 Introduction; 2 Definition and Proof of Communication of Intention; 3 Proof Related to Communication; 4 Reporting Parallel Price Increases; 5 Case Studies in Japan; 6 Conclusion; References

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This book demonstrates how economics is used in cases of competition in Japan. Competition between firms is usually the most effective way of allocating economic resources and achieving consumer and producer welfare. At the same time, a balance must be struck; firms must not be over-regulated, but neither must they be completely free to create a monopoly or oligopoly. Therefore, the role of competition policy is to maintain a balance by using the collaborative economics of industrial organization. The book uses economic analysis to evaluate case studies on Japanese anti-monopoly law, the Act Concerning Prohibition of Private Monopolization and Maintenance of Fair Trade (AMA), and enforcement in e.g. cartel cases, private monopolization cases, and merger cases. The Japan Fair Trade Commission implements a competition policy, primarily through the enforcement of the AMA, which promotes ingenuity and innovation in business by guaranteeing and enhancing fair and free competition, thereby ensuring economic vitality and consumer benefit. This book is the first authoritative and compact work on competition policy in Japan, which has a more-than-70-year history and is based on solid legal principles. In addition, the book seeks to promote law enforcement based on economic analysis, and includes studies describing the enforcement mechanisms used. It provides comprehensive yet concise information on the structure of the AMA, recent cases, and economic analysis. It also explains the circumstances regarding recent cases and analyzes how the economic policy has been applied to actual cases.

Springer Nature

com.springer.onix.9789811381881

9789811381874

9789811381898

9789811381904

Commercial law.

Economic policy.

Industrial organization.

Law and economics.

BUSINESS & ECONOMICS-- Industries-- General.

Commercial law.

Economic history.

Economic policy.

Industrial organization.

Law and economics.

Asia, Economic conditions.

Asia.

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7

BUS-- 070000

KCD

KCD

Arai, Kōki,1966-

20200823231127.0

pn

[Book]

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