« スラチャイと英語を勉強しましょう! | トップページ | スラチャイと英語を勉強しましょう! »

2008年5月16日 (金)


(May. 16, 2008) The Yomiuri Shimbun

Tough antimonopoly bill in line with intl trends

独禁法改正案 厳罰化は国際的な流れだ(5月16日付・読売社説)

A bill submitted to the Diet by the government to revise the Antimonopoly Law aims to introduce stricter measures against bid-rigging, cartels and other unfair business practices.

The bill outlines tougher financial penalties for violators, while expanding the range of illegal activities that punitive surcharges would be applied to.

The bill is in keeping with the international trend toward promoting competition among companies and taking tougher action on illegal activities, and so should be enacted at the earliest opportunity.





so should be enacted at the earliest opportunity=so the bill should be enacted at the earliest opportunity


The drastic revisions introduced to the Antimonopoly Law in 2005 included significantly tougher punitive measures. The surcharge is calculated based on sales gained through illegal activity multiplied by set surcharge rates, and the rate for major companies was raised from 6 percent to 10 percent. In the case of repeated violations, the surcharge jumps by 50 percent.


Under the latest bill, companies that have played a leading role in bid-rigging and other illegal activities also would be subject to the 50 percent increase.


play leading role=主導的な役割を果たす)

In addition, the statute of limitations for violations would be extended from the current three years to five years, tightening a loophole that has allowed many companies to escape punishment.


(statute=法令、法規、規正法) (loophole=逃げ道、抜け穴)


Introducing new categories


The changes also would introduce new categories subject to surcharges, such as abuse of a dominant bargaining position, misrepresentation and dumping.



It is only reasonable that surcharges be imposed for misrepresentations of the quality or ingredients or composition of products, because such claims can have a significant impact on society. But the surcharge rate for this category has been set at 3 percent, a figure some observers say should be increased in cases where a high level of premeditation is found.



Dumping has been added to the surcharge list following demands from sectors such as gasoline and alcohol retailers that are facing fierce competition within their industries.


The bill states that the 3 percent surcharge should be imposed on any company that repeatedly sells products priced at less than cost. But it is difficult to distinguish between such dumping and regular discount sales. The Fair Trade Commission therefore needs to be careful in applying the new legislation when it comes into force.


distinguish=区別する、見分ける)(The Fair Trade Commission=公正取引委員会)


Differing points of view


As the Liberal Democratic Party and the FTC adopted differing positions over the hearing system, they have delayed reaching a conclusion for the time being.


A hearing is called when violators disagree with orders issued by the FTC. The LDP called for the hearing system to be abolished, arguing that its neutrality could be questioned as FTC officials themselves are the ones that run proceedings.



The FTC for its part agreed that the hearing system should not be applied to certain violations such as bid-rigging and cartels, to allow these cases to be brought directly to court.


But on corporate mergers and some other categories, the FTC insisted the hearing system be maintained.

The argument that specialized knowledge is necessary for making judgements on the validity of a corporate merger, for example, seems reasonable to us.


corporate mergers=企業合併)(hearing system=審判制度)

We therefore believe the hearing system should be maintained for certain categories if neutrality can be ensured by transferring authority for personnel decisions over hearing examiners, who are effectively judges in hearings, to the Cabinet Office or other appropriate bodies.


personnel decisions=人事権)(hearing examiners=審判官)(effectively judges in hearings=審判官)

(From The Yomiuri Shimbun, May 16, 2008)

20085160154  読売新聞)


« スラチャイと英語を勉強しましょう! | トップページ | スラチャイと英語を勉強しましょう! »

16-My family (私の家族)」カテゴリの記事




« スラチャイと英語を勉強しましょう! | トップページ | スラチャイと英語を勉強しましょう! »