2002年における独占禁止政策の課題 : 地方の視点を中心として

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  • The problem of Antimonopoly Policies of Japan in the year 2002 - mainly from a local point of view -
  • 2002ネン ニオケル ドクセン キンシ セイサク ノ カダイ チホウ ノ シテン オ チュウシン トシテ

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論文(Article)

The purpose of this article is to consider the problem of Antimonopoly Policies of Japan in the year 2002 mainly from a local point of view.　According to some critics, it is improper that the Japan Fair Trade Commission tries to expose a local bid rigging in spite of poor resources. However the disclosure of violation byJFTC tends to change legal minds of local entrepreneurs and so it is significant.　I would like JFTC to help local concerned parties for improving the enforceability of them. It is significant that JFTC provides plaintiff on damages case with materials collected and discloses the record of a case. Any person may request to the JFTC to peruse or copy the record of a final and conclusive case under the Freedom of Information Act. The problem of protection of trade secrets is settled under the scheme of the Freedom of Information Act. Although it is desirable that Section 69 of the Antimonopoly Act should be revised like the provision of section 91 and 92 of the Code of Civil Procedure in view of the protection of trade secrets.　It is desirable to increase the enforceability of JFTC in order to disclose prohibited acts impartially. JFTC should be given the same power of investigation as the Securities and Exchange Surveillance Commission. Original jurisdiction of the Tokyo High Court on a suit concerning offenses as provided for in Sections 89 to 91 inclusive should be repealed. After that measure JFTC should appoint district public prosecutors to be the personnel of the staff office and order them to investigate a local bid rigging before accusation.　It is deserved to consider that JFTC should be attached to Ministry of Justice. With regard to the regulatory reform and consumer-oriented policy a council of JFTC should be estab-lished on the base of section 8 of National Government Organization Law and the council should suggest polices.

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