경쟁과 경쟁의 실질적 제한의 의의

Monopoly regulation and fair trade Act(=Fair Trade Act) seems to have been influenced by Japanese The Antimonopoly Act(=AMA), but it seems that research on AMA was neglected. Particularly, “practices practically suppressing competition” seems to be lacking in depth discussion, despite the fact that it is a constituent of abuse of Market-Dominating Position and Unfair Collaborative Acts. Based on the discussions of AMA, this paper first identifies the competition in Fair Trade Act, and shows how the competition is related to “practices practically suppressing competition”. And this paper have examined the implications of “practices practically suppressing competition” through its historical progress. “practices practically suppressing competition” have been embodied in the case in Japan, and it is necessary to take the discussion in Japan as an interpretation of Fair Trade Act and proceed with the discussion in depth. Because, unlike the US or the EU, Fair Trade Act has Unfair Trade Practices like AMA. If Fair Trade Act, which is difficult to discern due to Abuse of Market-Dominating Position and Unfair Trade Practices, would accept the discussion of substantial restraint of competition in Japan, it could further develop the interpretation theory of Fair Trade Act.