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Epic, on the other hand, has also appealed Apple's ruling that it did not violate antitrust laws.
 

[Reuters] -Apple on the XNUMXth, the epic game that is the developer of the popular game "Fort Knight" ... → Continue reading

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Antitrust law

Economic law > Antitrust law

Antitrust law(Dokusenkin) orCompetition lawWhat is (Kyosohou)?資本主義 OfMarket economyIn a sound and faircompetitionTo maintain the conditionMonopolyThe purpose is to prevent unfair behaviour, as a competitive, collaborative, or competitive method.decreeIs a general term or legal field. In the "Antitrust Law", the name "Competition Law" is sometimes used to clarify the distinction because it is confused with the abbreviation of the law.The abbreviation is "Antitrust Law".

If you say "competition law", the Antimonopoly Act (Act on Prohibition of Private Monopoly and Ensuring Fair Trade),Unfair Competition Prevention Law,Freebie display method,Subcontract ActAnd so on[1]..The "Competition Law" is also defined as "a law applicable to all goods and services from the viewpoint of prohibiting acts that bring about anti-competitiveness", in this case.Civil law,Intellectual property lawAnd various business laws[2].

CurrentlyEconomic lawIs considered to occupy a central position in the.

Relationship between the history of the establishment of the Antimonopoly Act and other industrial property law

Patent law,Copyright lawIt seems to be incompatible with the purpose of the Antimonopoly Act.Intellectual property lawAlso exists. The purpose of these is to give a certain monopoly right to the creator for a limited period of time in order to stimulate the industry as a whole by incentives for inventions and other creative activities. HistoricallyThe United Kingdom OfIndustrial revolutionIt was gradually established in modern advanced nations due to the social need to protect original inventions by small and medium-sized enterprises from imitation by large capitalists.

In the United States, use this patent systemThomas edisonWas a great success as the invention king. However, the policy of increasing protection for creators causes the disadvantages of third parties who are restricted by rights to become excessive.World DepressionIt is said to be one of the causes of the indirect cause of the In order to do so, there is a history of enacting the Antitrust Law for the first time. Therefore, when operating the Antimonopoly Act,patent right,CopyrightIt should be done from the viewpoint of revitalizing the industry as a whole, by weighing the advantages of stimulating creative incentives by monopoly rights, etc. and the disadvantages (to third parties) of being restricted by the rights.

Therefore,Intellectual property rightAlthough it is not subject to the Antimonopoly Act as long as it is a legitimate exercise, abuse that deviates from the spirit of intellectual property rights (UK: Patent misuse) May be prohibited by the Antimonopoly Act. For example, exclusive use by the patent owner, or limitedlicenseIn an oligopoly with other people,Price cartelProhibition of improved research during the license period, prohibition of entry into the business after the expiration of the license period, etc. hinders fair competition, and is prohibited by the Antimonopoly Act as an act that deviates from the scope of rights protection under various intellectual property laws. Can be done.

Antitrust laws of each country

As of 2007, antitrust laws have been enacted in more than 100 countries around the world. Around 2000, the number increased in 30 countries due to enactment movements mainly in emerging countries. It can be said that it has become a common recognition as an economic constitution that supports the world political and economic system.

An important source of antitrust law is the AmericanSherman methodKraton methodIs. However, the first antitrust law in the worldElizabeth IIIt is said that this is a statute of monopolies issued by Judge Cook on the monopolistic patents of the era and the harmful effects of the monopoly.

Many資本主義There are many cases established by the nation. However,People's Republic of ChinaBut it can be said that there may be antitrust laws where there are markets, as enacted on August 2007, 8.

It establishes the economic law which rules are necessary in the market economy. It is also called the economic constitution because it means the constitution of the economy. It also means the basic human rights of companies and economic criminal law. Each country has various definitions of monopoly, definition of merger, definition of extraterritorial application, etc., and various types of conduct are stipulated as illegal. Global legal coordination is required to cover global economic activity, but the main ones are, for example:EU competition lawAnd the US Sherman and Clayton laws.

Japan has inherited the Sherman Act and the Clayton Act. The original draft was presented by GHQ, and isAct on Prohibition of Private Monopoly and Ensuring Fair TradeWas enacted.

Japan

JapanThe competition law in1947 Was established inAct on Prohibition of Private Monopoly and Ensuring Fair TradeIt is mainly composed of. So-calledAntitrust law(Dokusenkinshiho), and is sometimes abbreviated as "antitrust law." Antitrust law is sometimes called the constitution of competition law.

Antitrust law allows (1) social possession, (2) legitimate trade permits, and (3) unfair trade methods.Because of its importance, (1), (2), and (3) are sometimes called the three pillars of the Antimonopoly Act, and (1) or (3) is removed and business combination regulations are added. Some have three pillars.

Other important roles of the Antitrust Law are business combination regulation and business association regulation. Other important matters include the general designation regarding unfair transaction methods, the Unfair Gifts and Unfair Labeling Prevention Act, and the Subcontract Payment Delay Prevention Act.

Article 1 isPrivate monopoly,Unfair trading restrictionsas well as the Unfair trading methodBy prohibiting excessive concentration of business control power and eliminating unreasonable restrictions on production, sales, prices, technologies, etc. by methods such as binding, agreements, etc. Promoting fair and free competition, exercising the creativity of businesses, encouraging business activities, raising the level of employment and national income, thereby securing the interests of general consumers and democratizing the national economy. The goal is to promote targeted and healthy development."

If you discover an act or condition that violates the Antimonopoly Act, you are outside the Cabinet Office.Fair Trade Commission(Also referred to as a public offering) will issue a disposition such as an exclusion order or a surcharge payment order. Prior to the revision of the law, it was only possible to file an objection after being punished. Today after the legal revision[3], Opportunity to hear the opinions of Article 53 prior to the disposition, the opportunity to receive the explanation of Article 54, Paragraph 1 and the opportunity to submit the evidence and question of Paragraph 2 were provided.

In addition, due to the revision of the law, the Tokyo District Court will be responsible for the first instance of the complaint examination procedure after the disposition of the Fair Trade Commission.

As the background of the law revision,Japan Business Federation(Keidanren, etc.) complained that the referee and examiner were both Fair Trade Commission staff members in the hearing procedure, and fair hearings could not be expected even if the functions were separated. Nevertheless, the refereeing system ensured the Fair Trade Commission's enforcement capabilities and also contributed to the formation of precedents for antitrust law.

The United States of America

The United States of AmericaAntitrust law inAntitrust lawWas established in 1890Sherman method(Sherman Act), enacted in 1914Kraton method(Clayton Act) and Federal Trade Commission Act (FTC Act) are the main provisions. The above are federal-level laws, but in addition to this, state antitrust laws have been enacted in each state.

Europe

EuropeIn countries,Competition lawOften called. Especially integrating the marketEuropean UnionThe basic provisions of the competition law areTreaty on the functioning of the European Union101 and 102.

Chugoku

ChugokuThen, the Antimonopoly Act passed through twists and turns and was enacted on August 2007, 8.2008 It took effect on August 8. It was said that it was based on the American antitrust law[4].. The policy review and formulation, the decision of the guideline and the promulgating organization of the promulgation, etc.Chinese State CouncilIt is a committee under its umbrella,National Development and Reform CommissionIn charge of the "Price Oversight Antitrust Office"[5].. In addition to the National Development and Reform Commission, which publishes sanctions, etc.,Directorate General of State Industrial and Commercial Administration,Ministry of Commerce of ChinaWill also be specialized law enforcement agencies. In addition, according to the situation, the authorities of the people's government (provinces, autonomous regions and directly controlled cities) can be given the authority of law enforcement agencies.

China's first comprehensive competition law consisting of 8 chapters and 57 chaptersSocialismMarket economyWith the aim of promoting the sound development offoreignOf actions that may impose competition and restrictions on the Chinese market in China[5].. Regarding the purpose of the law, in addition to the original purpose of the Antimonopoly Act, industry related to national security, etc.State-owned enterprise OfshareMaintainforeign investment OfThere are regulations[6][7]..Since M & A related to national security is to be examined, it is possible to regulate foreign capital by not approving cases that are not desirable for the authorities.[6].

Moreover, the operation by the authorities is not limited to approval and disapproval. Approved in April 2009Mitsubishi RayonBy (Japan) (The United Kingdom) At the time of the acquisition, the authorities questioned that the merger of the two would increase the domestic market share in China. No, restrictions on future business were added[4].

An automotive-related investigation was conducted in 2011, and in August 2014, a fine was imposed on 8 Japanese-China joint venture auto parts manufacturers, and in September of the same year.AudiThe FAW mass market storeChryslerOrders payment of fines to China Motor Co., Ltd.[8].. It has been pointed out that foreign investment is being struck and diplomatic pressure is due to the fact that the operation standards of the Antimonopoly Act are not clear and a huge state-owned company with a large market share has been created.

Singapore

SingaporeThen,2004 It will be enforced by the 10 Competition Law passed by the Diet on October 19. It was a former suzerain countryThe United KingdomHas succeeded to the case law principle. The administrative agency under the jurisdiction is the CCS (Competition Commission) appointed by the Minister of Trade and Industry.

If you are found guilty under the Act by violating the following violations, unless otherwise specified, 1Singapore dollarThe following fines or imprisonment for up to 12 months or these will be imposed together.

(i) If the document submission order is not followed (Article 75)
(ii) When the document is destroyed or concealed (Article 76)
(iii) When false information is provided (Article 77)
(iv) In case of obstructing law enforcement (Article 78)[9]

ロシア

Russian Federation ConstitutionArticle 34 prohibits monopoly and unfair competition.2006 Was passed as federal law. It has undergone three major revisions by 2016 (3 degrees in all).[10].

2004 Federal Antimonopoly Office established by President's directive to operate central secretariat and 84 regional secretariats[11].

The federal law regulates the abuse of dominant positions by financial institutions with a 10-20% share (Article 5, paragraph 7). It also prohibits individuals, commercial organizations, and nonprofit organizations from collaborating with businesses and causing (causing) abuse of their dominant position (Article 11, paragraph 3). However2011 Regulations on joint ventures have been relaxed in the third revision on December 12[11].

footnote

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Source

  1. ^ Manabu Eto 2016, p. 93
  2. ^ Tadashi Shiraishi 2016, pp. 2–3
  3. ^ Nikkei newspaper electronic version Amended Antitrust Law Approved Appeals Examination, Tokyo District Court 2013/12/7 1:45
    Effective from April 2015, 4. Fair Trade Commission Revised Antitrust Law (25)
  4. ^ a b "M & A is a wall of antitrust law in China Excessive intimacy, foreigners tingling" "Nikkei Business" July 2009, 7 issue Co., Ltd.Nikkei BP
  5. ^ a b "Competition Law of Each Country/Region of People's Republic of China"Fair Trade Commission See December 2016.
  6. ^ a b Rika Kashiwagi"[5] Increasing number of students who want a state-owned company to connect with others" "Nikkei Business Online" delivered by Nikkei BP, May 2008, 5
  7. ^ "China; Regulations on foreign capital"Japan External Trade Organization(JETRO)
  8. ^ “China, Germany VW and US Chrysler fined, violating the Antitrust Law. ] Nihon Keizai Shimbun, 2014/9/1.
  9. ^ http://www.jftc.go.jp/kokusai/worldcom/kakkoku/abc/allabc/s/singapor.html
  10. ^ Russian Federation"Федеральный закон Российской Федерации от 26 июля 2006 г. N 135-ФЗ(July 2006, 7 Russian Federation Law N26-FZ)(Russian)
  11. ^ a b Fair Trade Association"Russian Federation Competition Law and Recent Trends], 2015.

References

  • Makoto Kurita "Practical Research Competition Law"Commercial legal affairs, February 2004.ISBN 4-7857-1129-9.
  • Minoru Akutsu, "Commentary on Antitrust Law," Nikkei Publishing, Nikkei Publishing, 1983.ISBN 978-4532010973 .
  • Tadashi Shiraishi "Exclusive Prohibition Law" Yuhikaku Publishing Co., Ltd., 2016, 3rd edition.ISBN 978-4-641-14493-4.
  • Manabu Eto, "Standardization Textbook, Knowledge of Standardization that Connects the World," Japanese Standards Association, July 2016, 7, first edition, first edition.ISBN 978-4542307049 .

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