Anti-monopoly Study On Regulation Of Japan's Unfair Trade Practice

Current regulation of unfair trade practices law in Japan is Prohibition of Private Monopolization and Ensure Fair Trade Act (hereinafter referred to as " Anti-monopoly Act "), it is officially enacted in 1947, until 2009 after five times modification, the unfair trade practice's definition, constitutive requirements, forms and legal liability have comprehensive progress and establish it's own system. At the same time it adapts to the Japanese domestic economic system and the competitive environment, forming the most characteristic of native system. Japan Anti-monopoly Act including three main monopolistic practices the regulation, unreasonable restraint of trade and unfair trade practice. Comparing with private monopoly and unreasonable restraint of trade, unfair trade practice's the most important characteristic is to protect fair competition and play a role of the firewall in the process of antitrust. Else, the relationship between unfair trade practice and private monopoly is general regulation and special regulation. Japan and China have similar experiences in the process of legal development. For example the development of the legal system mainly through the process of legal transplantation and localization. So the Japanese antitrust regulation about unfair trade practices has great theoretical significance and practical significance to perfect our country's antitrust legislation blank.China's has been carried out for nearly eight years, has been playing an important role in the protection of fair market competition order and consumers' legal rights. However, with the rapid development of economy in our country, owing to lacking the foresight at the beginning of legislation, some blank field of anti-monopoly law has appeared. For example, although some enterprises that do not have a dominant position of market can limit the fair competition by fraud or compulsory transaction, seriously destroying the fair competition order. That are the practical needs to regulate unfair trade practices in our Anti-monopoly Law. Else, regulating unfair trade practices in our Anti-monopoly Law also has theoretical support. This text through unfair Trade behaviors compared with Japan's abuse of dominant market position, that the relationship of general regulation and special regulation, and analysis of the unique value of unfair trade practices. So, as a kind of general regulation, unfair trade practice can be incorporated into China's anti-monopoly law regulation object. At the same time, the clear definition and proper legal liability of unfair trade practice are necessary to perfect our country antitrust legislation blank, the real time and ensure the maneuverability and real-time property of the anti-monopoly law.