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Damages Calculations In Private Monopolization: A Japanese Case Study

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  • Koki Arai

Abstract

This study analyzes the decision of a Tokyo High Court case concerning the damages calculation in private monopolization of the Nipro Corporation. From an economic perspective, this study obtains the appropriate signs of the coefficients in the supply relationship and the demand function on the basis of a simple model and limited data. The model analysis, however, does not obtain a statistically significant coefficient for the violation conduct in the results of the structural model estimation and reduced form estimation. Therefore, the Nipro judgment, which states that it does not acknowledge that the price would be lower without the violation conduct is affirmed by this study's economic analysis. The method proposed in this study is useful for analyzing the judgment while avoiding raising the Type II error (the failure to reject a false null hypothesis).

Suggested Citation

  • Koki Arai, 2014. "Damages Calculations In Private Monopolization: A Japanese Case Study," Journal of Competition Law and Economics, Oxford University Press, vol. 10(2), pages 505-516.
    • Handle: RePEc:oup:jcomle:v:10:y:2014:i:2:p:505-516.
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    File URL: http://hdl.handle.net/10.1093/joclec/nht044
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    More about this item

    JEL classification:

    • K21 - Law and Economics - - Regulation and Business Law - - - Antitrust Law
    • L41 - Industrial Organization - - Antitrust Issues and Policies - - - Monopolization; Horizontal Anticompetitive Practices

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