A Cross-disciplinary Study of Law in a Data-driven Society: focusing on Digital Platforms
Project Year :
2019.04
-
2024.03
Economic Law/International Economic Law and FairEconomy: Competition Law Order of Freedom, Fairness and Responsibility
Project Year :
2014.04
-
2018.03
View Summary
In order to explore the way the law of ‘faireconomy’ (fair socio-economy) should be, this project mainly examined the regulation of unfair trade practices (especially abuses of relatively superior bargaining positions) in the Antimonopoly Act of Japan and competition laws of the UNCTAD member states.To achieve this aim, the researchers of this project not only presented the research results about abuses of relatively superior bargaining positions in the conference of the Japan Association of Economic Law but also carried out interviews at the Headquarters of the UNCTAD and the Korea Fair Trade Mediation Agency. Their results bore fruit in many books and articles including Masayuki Funada & Kazuhiro Tsuchida ed., Antimonopoly Law and FairEconomy as well as the International Conference held in March 2013 at Waseda University
To the new horizon of East-Asian competition laws by regulation of the abuse of dominant monopoly positions and unfair trade practices
Project Year :
2010.04
-
2015.03
View Summary
Our research revealed the new horizon of East-Asian competition laws.(1) Subjects of competition policy of high-tech industries in the East-Asian countries are as important as the subjects of the same policy of the same industries in the U.S. or EU; high-tech industries are software, IP business 、 Telecom and so on. Samsung & Apple Patent Infringement Cases are good examples. Infringement actions by Samsung are abuses of the FRAND declared patents and it`s infringement actions are also against the competition laws of the most countries. (2) Struggles against impediments for competitive market economy like state-owned enterprises, family-owned large business-group, government oriented bit-rigging are unique and inherent subjects of East-Asian competition laws.East-Asian competitions laws are integration of advanced subjects of high-tech industry and unique subjects of old impediments for competitive market economy. The new horizon of East-Asian competition laws are now appeared
A study of international enforcement of competition law from the perspective of jurisprudence of economic law and international ecnomic law
Project Year :
2011.04
-
2014.03
View Summary
In order to compare the extraterritorial reach and the international enforcement of antimonopoly law among countries, in 2011 we held a joint-seminar with researchers from East Asia, and in 2012 we had interviews with the United States Department of Justice, law offices in Washington DC, the European Commission, and a law office in Brussels. During that time, as a part of achievements in the research, we had "International Enforcement of Antimonopoly Law" (Nippon Hyoron Sha Press 2012) written and edited by Kazuhiro Tsuchida, and "International Enforcement of Competition Law" (The Annual of The Japan Association of Economic Law, No.34, Yuhikaku Press 2013) published. And as a conclusion of the three years' joint-research, we invited speakers from America, Europe and Asia, and held an international symposium named "International Enforcement of Competition Law- In The Age Of Globalization" in Waseda University in March 2014
In order to compare the extraterritorial reach and the international enforcement of antimonopoly law among countries, in 2011 we held a joint-seminar with researchers from East Asia, and in 2012 we had interviews with the United States Department of Justice, law offices in Washington DC, the European Commission, and a law office in Brussels. During that time, as a part of achievements in the research, we had "International Enforcement of Antimonopoly Law" (Nippon Hyoron Sha Press 2012) written and edited by Kazuhiro Tsuchida, and "International Enforcement of Competition Law" (The Annual of The Japan Association of Economic Law, No.34, Yuhikaku Press 2013) published. And as a conclusion of the three years' joint-research, we invited speakers from America, Europe and Asia, and held an international symposium named "International Enforcement of Competition Law- In The Age Of Globalization" in Waseda University in March 2014.
A study of international enforcement of competition law from the perspective of jurisprudence of economic law and international ecnomic law
Project Year :
2011
-
2013
View Summary
In order to compare the extraterritorial reach and the international enforcement of antimonopoly law among countries, in 2011 we held a joint-seminar with researchers from East Asia, and in 2012 we had interviews with the United States Department of Justice, law offices in Washington DC, the European Commission, and a law office in Brussels. During that time, as a part of achievements in the research, we had "International Enforcement of Antimonopoly Law" (Nippon Hyoron Sha Press 2012) written and edited by Kazuhiro Tsuchida, and "International Enforcement of Competition Law" (The Annual of The Japan Association of Economic Law, No.34, Yuhikaku Press 2013) published. And as a conclusion of the three years' joint-research, we invited speakers from America, Europe and Asia, and held an international symposium named "International Enforcement of Competition Law- In The Age Of Globalization" in Waseda University in March 2014.
This project was conceived in connection to several ongoing projects by the Institute of Comparative Law of Waseda University since 2001, namely, "The New Stage of Comparative Law Study (2001-2002)", "Japanese Law in International Context (2003-2004)" and "Japanese Law in History and Comparison (2005-2006)." We investigated the formation process of Japanese law in its relations to foreign law, and consequently, we redefined the identity of Japanese law and evaluated its transplantation and resettlement outside of Japan. Our research achievements shall be summarized as follows: First, in the field of criminal law, we concluded that the "Iye" system-the patriarchal system of Japan-has hindered the establishment of "abandonment/Risikodelikt". In discussing the so-called "minute justice," which is a main feature of Japanese criminal procedure, we reevaluated the significance of the "Principle of substantive truth/Prinzip der materiellen Wahrheit." Secondly, in the field of Antitrust Law, we examined the regulations on the unfair competition clause, and critically analyzed the relation between the original Japanese Antitrust law and its American counterpart. Regarding the influence of American law on Japanese Legal Systems, we focused on bankruptcy law and corporate law, and discussed the background and the recent problems of radical Americanization of Japanese laws. In contrast to the globalization of laws discussed above, we turned our eyes to some confined areas, that is, the EU and Asia. We thoroughly examined EU enlargement and the subsequent transplantations of laws in newly admitted EU countries. Furthermore, we tackled the process of re-identification and re-definition of Central and Eastern European laws after the fall of the communist regimes, taking the example of Hungary. In Asia, we discussed how the constitutional review in Asian countries has developed. On the subject of the legal assistances from Japan, we scrutinized the revision of Vietnamese Civil Code, and examined the ongoing Japanese assistances in Taiwan, Manchuria, and in Northern China. These scholarly achievements will be soon published as Japanese Law in International Context : Law in its Origin and Law in its Global Context (Tokyo : Seibundo, 2006).
A Basic Theory of Antimonopoly Law and Economic Law
View Summary
Theories in the field of Japanese anti-monopoly law or economic law in 1990s appear to have close relationships with the Neo-liberalistic theories in the United States. Chicago School of Antitrust Law is a typical Neo-liberalistic theory in America, which has an utilitarian basis that legality of a conduct is judged according to the increase or decrease of the consumers' surplus and the producers' surplus, and an inclination toward "universal commodification" that all things can and should be exchanged through the free market insofar as the seller and the buyer agree.Themes for a countervailing alternative theory to examine are :1) how limits of commodification should be set (limitation of the market boundary) and2) how a theory of rights must be established against the utilitarian principle of wealth maximization (rights-theory based structuralization of the market connotation).As to the boundary of the market, we can decide it according to M.J.Radin's theory of market-inalienability. As to the structuralization of the market connotation, we should learn from J.Rawls's theory of Justice and set the order of priority among people's requires. That is, it is necessary for a model of the legal structure corresponding to egalitarian market economy to set the order of priority among foundational rights to live or to life and health, property rights as human rights, medium-sized enterprises's property rights and monopoly property, in addition to an institutionalization of the Difference principle, that is an institutionalization of a system to distribute outcomes of natural human talents among competitors.Many measures of deregulation in Japan should also be evaluated from the viewpoint of limitation of the market boundary and the structuralization of the market connotation
Multidimensional Study of Relationship Between Corporate Concentration and the Law in an Age of Internationalization and Deregulation -A sociological Analys
View Summary
The focuses of this research project are as follows. (1) The analysis of how to apply the appropriate laws to the reorganization in distribution industry and manufacturing industry after understanding the current trend in those industries. (2) The analysis of possibility of applying the antimonopoly laws to merger and acquisition in those industries.We have conducted our final effort to accomplish the research in the past four years through making the report whose contents are as follows :1) We have made a survey describing the current movement toward corporate concentration including merger and acquisition in vehicle manufacturing industry. We have continued our interview to vehicle manufacturers for the purpose of making comparative study on distribution side and production side among vehicle manufacturers in Japan, U.S.A, and also Europe.2) We have continued the interview to vehicle manufacturers in foreign countries with the purpose of complimenting our past interview. We have visited vehicle manufacturers in Germany and U.S.A and also visited the auto parts manufactures and car sellers in those countries.3) We have continued our research meeting regularly to understand and analyze the current status of corporate concentration movement such as merger and acquisition and also holding companies.4) We have formed the report on "A comparative study of laws concerning automobile production and distribution : USA, EU and JAPAN" as the result of research mentioned above in the past four years
The Study on "the Activity of Corporations having Market Dominant Position and the Role of Law" in the globalizing, information-oriented society
View Summary
We have continued the study on application of antitrust law to corporations having market dominant position for last three years. For the purpose of this study, we have made a continuous work to understand the market structures of several industries, especially that of power industry, and the behavior of the corporations under such market structures. Through those analysis, we have tried to find the most suitable way introducing workable competition into those industries by means of the best mix of laws including antitrust law, and other industrial laws(acts for specific sectors).To accomplish this purpose, it was necessary to continue the research for knowing situations on the same issue in some foreign countries. As to U.S.A., we have conducted hearings from FERC(Federal Energy Regulation Commission), Federal Trade Commission and also DOJ Antitrust Division, by which we could know well the activity of those authorities including the observation of M&A and anti-consumer conducts. As to Germany, we could have knowledge about the resent application of Energy Law and a movement to revision of the related laws. As to Japan, we have made some hearings from companies in power industry who entered this field recently and also from Japan Fare Trade Commission which had a plan for revising the antitrust law introducing the new provisions concerning a market dominant corporation.Through the studies mentioned above, we could reach conclusions which were not previously obvious and can contribute the development of the research in this academic field
A Comparative Study of Vertical Restraints
View Summary
Unfair methods of competition, which are often used as tools of vertical restraints, have been provideed since the original version of the Antimonopoly Act in Japan. Kime's draft, which was to become the first antitrust law of Japan, have three sections regulating unfair methods of competition - sections 8, 9, 10 (he served as an official in the general headquarters of the allied powers supreme commander). The tentative draft Japan made in January, 1947 defined unfair methods of competition as "means to compete with a purpose to expand ability for business unfairly or to exclude or dominate operations of its competitors." This definition was deleted later, but such characterization of unfair methods of competition was not changed as mainly supplemental regulation of monopolizations. In addition, legal standards of unfair methods of competition were viewed as stricter than those of monopolizations in those days. The origin of regulation of unfair methods of competition in Japan was formed in this way. Seeing from such a historical background, legal standards of "store contract system" as one type of vertical non-price restraints should be generally stricter, for the system is in fact to select non price-cutting stores and to contract only those stores
Comprehensive Research on "Market Controlling Enterprises and Law" in the course of IT Revolution
View Summary
This research aims on the actual market conditions where market controlling enterprises domination exists and on its regulation by Anti-trust Law and other business laws, including some comparison with foreign countries.Our research results are as follows.Firstly, we have discussed on how we deter the abuses of the market controlling power and also on how we promote fair and free competition. Particularly we studied the regulation by Anti-trust Law. We have, for instance, taken up IT-related industry such as Microsoft Japan and US, Intel and so forth.In Japan it has become clear that the regulation is not strong enough.Secondly, we studied on Electricity Industry in Japan as well as in other countries like US, Germany, UK and EU. Japan enjoys only partial liberalization. The full liberalization on retail is today's political issues
Competition Law and Monetary Sanction-Fines and Procedures in EC Competition Law -
Subject of Study : Control of market power in highly oligopolistic industry-Mainly Information and Telecommunication industry
View Summary
The purposes of this research were to study the status quo of the market which is dominated by a few powerful industries and also to study how the legal control by Business Act and Antitrust Act should be applied.The conclusions of this research were as follows.(1) Individual Business Act and Antitrust Act can be applied to the same enterprise.(2) If action control is not enough, then structural control should be introduced.(3) Control against the abuse of the market power should be legalized
Reemergence of the State in the Regulation of Digital Platforms from the Viewpoints of Maintenance of Competition and Protection of Personal Data - Digital Governance of EU, US and Japan
Kazuhiro Tsuchida
The Japan Association of Economic International Law: 30th Anniversary Conference
Presentation date:
2021.10
'Regulation' of Digital Platforms through Antimonopoly Law and 'Supplementary' Law in Japan
Kazuhiro Tsuchida
Waseda Comparative Law Institute, Japan-China Symposium 2021 'New Technology and Law Ⅱ'
Presentation date:
2021.09
Digital Platform and Competition Law & Policy
Tsuchida, Kazuhiro
[Invited]
Consumers' Trobules and Issues surrounding Internet-commerce
The Japa National Council of Consumer Organizations
Presentation date:
2019.08
International Conference "Sharing Economy and Economic Law/Labor Law"
Tsuchida, Kazuhiro
[Invited]
Sharing Economy and Law Innovation
(Beijing)
Chinese Academy of Social Science
Presentation date:
2018.05
Keynote:International Conference 'Competition Law and FairEconomy'
Kazuhiro Tsuchida
Comeptition Law and FairEconomy
(Waseda University)
Presentation date:
2018.03
A Brief Comment on Online Platforms and Competition Law: focusing on Market Definition
Kazuhiro Tsuchida
Comparative law Institute &RCLIP, Open Lecture
(Tokyo)
Coparative Law Institute, Research Center for Legal System of Intelecutual Property
Presentation date:
2016.12
Some Issues on Inernet Transaction-focusing on Vertical Restraints of B2C distribution
Tsichida, Kazuhiro
[Invited]
Competition Law Forum 2016 Annual Meeting
(Tokyo)
Competition Law Forum
Presentation date:
2016.11
Internet Commerce and Vertical Restraints
Kazuhiro Tsuchida
[Invited]
(Tokyo)
Japan Fair Trade Commission
Presentation date:
2016.09
Regulating Unfair Methods of Trade in Japan-focusing on Abuses of Superior Bargaining Position
Kazuhiro Tsuchida
[Invited]
Korea University/ICR Law Seminar
(Seoul)
Korea University/ICR Law Center
Presentation date:
2016.06
Vertical Restraints in E-Commerce and Competition Law: A Comment
Kazuhiro Tsuchida
[Invited]
Japan Fair Trade Commission/CPRC International Symposium
(Tokyo)
Japan Fair Trade Commission/Competition Policy Research Center
Presentation date:
2016.06
Introduction to the Theme of 'International Enforcement of Competition Law in the Age of Galization'
'International Enforcement of Competition Law in the Age of Galization'
Presentation date:
2014.03
Interntional Enforcement of Japanese Antimonopoly Law: International Cartels
Presentation date:
2013.11
Interntional Enforcement of Japanese Antimonopoly Law: Merger Control
Presentation date:
2013.11
International Enforcement of Antimonopoly Law-Hesitation, Application and Cooperation
The Japan Association of Economic Law
Presentation date:
2013.10
Backgrounds of the Transnational Symposium: abuse of dominant position and competition law
Transnational Symposium: abuse of dominant position and competition law
Presentation date:
2012.03
The International Enforcement of Japanese Antimonopoly Law
Workshop between Waseda and Bonn Universities
Presentation date:
2011.12
Extrateritorial Applicatinon of Japanese Antimonopoly Law- Genral Issues & Cartels of Internaitonal Implication
East Asian Research Workshop
Presentation date:
2011.09
On the Forthcoming Amendment to the JFTC's Administrative Procedure and Judicial Review
Joint Seminar on Economic Law between Waseda University and Seoul National University
Presentation date:
2010.11
Exclusionary Monopolization and Competition Law in Japan
Colloquium for Japan-Germany Leagal Studies
Presentation date:
2010.10
Global Economic Crisis and Antimonopoly Law
Presentation date:
2009.11
Merger Control in Chinese AML
Some Enforcement Issues of Chinese Antimonopoly Law