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

本研究目的在探讨以有奖、封闭奖或奖券等方式促销之规则与规范之理想。为此，笔者对2,794个消费者组织进行了问卷调查，以了解消费者对促销活动中的赠品或奖品的态度和认可度。此外，笔者还从比较法的角度对欧共体、德国、美国等国的促销行为进行了考察，并根据上述问卷调查结果，对消费者购买赠品或奖品商品的频率、通过偶然性促销手段诱导消费者的倾向以及对利用偶然性促销手段进行促销的规制的指向性进行了整理和分析。分析表明：i）上述问卷的许多受访者比普通消费者更有专业知识，甚至倾向于通过奖金或奖品进行诱导：ii）尽管如此，大部分受访者认为应维持或加强对偶然促销的监管。当有机会重新审视现行法律法规时，应考虑到诱导的倾向和可能性以及消费者对法规的认可。从比较法的角度来看，日本的法规与除“溢价”外，原则上禁止使用“奖品或抽奖”进行促销的全球平均立场不同。另一方面，在日本，在正常范围内，允许通过促销手段提供奖金以及奖品或彩票。就日本的现行法规而言，似乎有必要从竞争法的角度以及社会和文化背景等多个角度来讨论利用偶然性（即赌博精神）进行的商业活动。

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.