Research on Legal Regulation against Sales Promotion using Premium and Prize Based on an Investigation into the Actual Condition of Competition and Transaction in Japan

本项目的目的是考虑使用溢价和封闭式奖金或彩票进行促销的规则和监管的理想。为此，我以问卷形式对2,794个消费者团体进行了调查，以了解消费者对促销活动中提供保费或奖品的态度和认可度。此外，笔者从欧共体、德国、美国等比较法的角度对此进行了梳理和分析，根据上述问卷调查的结果，对消费者购买溢价或有奖商品的频率、通过投机销售手段诱骗顾客的倾向以及利用这种手段进行促销活动的监管的指向性进行了整理和分析。分析显示：i)上述问卷中的许多受访者比普通消费者拥有更多的专业知识，他们甚至倾向于通过溢价或奖品来诱导：ii)然而，大部分受访者认为应该保持或加强对投机促销的监管。当有机会重新审视现行法律法规时，应考虑诱因的倾向和可能性以及消费者对法规的认可度。从比较法的角度来看，日本的法规与全球平均水平的观点是背道而驰的，即原则上禁止使用“奖品或彩票”进行除“溢价”以外的促销。另一方面，在日本，保费以及通过促销手段进行的奖品或彩票被允许在固定范围内。就日本目前的监管而言，似乎需要从各种角度来讨论利用放纵的商业活动，换言之，赌博精神本身，这不仅包括竞争法的观点，还包括社会和文化背景。

The purpose of this project is to consider the ideal of rule and regulation on sales promotion by using premium and closed-prize or lotteries. To achieve this purpose, I conducted a survey of 2,794 consumer organizations by a questionnaire to grasp consumer's attitude and recognition against offering of premiums or prizes in connection with sales promotion. In addition, I reviewed the matter from comparative law such as EC, German and United States.According to results of the above questionnaire, frequency of consumers purchasing commodities with premiums or prizes, tendency of inducement of customers through aleatory sales means and directivity of regulation against sales promotion by using such means have been arranged and analyzed in this report. Analysis has shown that : i )many respondents of above questionnaire, who have more expertise than ordinary consumers, even tend to be induced through premiums or prizes: ii )nevertheless the greater part of respondents recognize that regulation against aleatory sales promotion should be maintained or strengthened. When there is an opportunity that the present law and regulation shall be reexamined, the tendency and probability of inducement and the consumer's recognition of regulation should be taken into account.From a viewpoint of comparative law, Japanese regulation is alien to average global stand that apart from "premiums", sales promotion by using "prizes or lotteries" is prohibited in principle. On the other hand, in Japan, premiums as well as prizes or lotteries by means of sales promotion are permitted within regular range. As so far as present regulation in Japan be concerned, it seems that business activities by using aleatory, in other word a gambling spirit as itself need to be discussed from a variety of perspectives containing not only view of competition law but also social and cultural background.