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anticompetitive violation

Japanese translation: 反競争的侵害


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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
English term or phrase:anticompetitive violation
Japanese translation:反競争的侵害
Entered by: Andou
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11:04 Nov 20, 2011
English to Japanese translations [PRO]
Law/Patents - Law (general)
English term or phrase: anticompetitive violation
The cases cited by Crow in support of his argument that exhaustion is not required for common law claims are inapposite. In Ryals, we held that exhaustion was not necessary when the physician claimed there was an ***anticompetitive violation*** by the hospital arising separately from the peer review process.  In that case, the hospital denied the physician privileges based on the hospital's exclusive contract with a third party to read MRIs. Id. at 656. Therefore, the hospital's alleged anticompetitive conduct did not arise out of the peer review process. Here, on the other hand, Crow's complaints stem solely from the process, or in his view, lack of process, that he has been afforded by the Hospital during this protracted peer review dispute, and not from a separate matter.
Andou
Local time: 04:26
競争阻害行為
Explanation:
I read Ryals, and the anticompetitive violations contemplated by this phrase definitely fall under American federal antitrust law. However, the text itself does not refer directly to this body of law, and in context I think that "行為" is the more appropriate interpretation of "violation." The author is referring to accusations of anticompetitive violations, which is another way of saying that the accusations refer to anticompetitive conduct/behavior.

http://www.geocities.jp/abelinternational/xE/JJrE_0.htm
競争阻害行為 /kyousou sogai koui :anticompetitive behavior
競争阻害行為 /kyousou sogai koui :antitrust violation

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Note added at 3 days2 hrs (2011-11-23 13:23:45 GMT) Post-grading
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You're welcome. I'm glad I could help!
Selected response from:

xxxskellyfish
Local time: 15:26
Grading comment
ありがとうございました。大変助かりました。
2 KudoZ points were awarded for this answer



Summary of answers provided
4 +1競争阻害行為xxxskellyfish
4反トラスト法(米独占禁止法)違反tulip bubble
3 -1信義に反する行為、信義則違反
Hidenori Nakamura


  

Answers


29 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
反トラスト法(米独占禁止法)違反


Explanation:
Antitrust Law (反トラスト法または独占禁止法)の規定に反する行為

http://www.justice.gov/atr/contact/newcase.html
http://en.wikipedia.org/wiki/Competition_law
http://ja.wikipedia.org/wiki/反トラスト法

tulip bubble
Local time: 14:26
Specializes in field
Native speaker of: Native in JapaneseJapanese
PRO pts in category: 16

Peer comments on this answer (and responses from the answerer)
neutral  xxxskellyfish: You're right that this phrase refers indirectly to federal antitrust law, but I think that this reference should remain implicit rather than becoming explicit, especially because this is what the party claimed, rather than what the court decided.
1 day3 hrs
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18 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): -1
信義に反する行為、信義則違反


Explanation:
「独占禁止」とは関係がないような気がします・・・。


    Reference: http://www.bu.edu/law/central/jd/organizations/journals/pilj...
Hidenori Nakamura
Local time: 04:26
Specializes in field
Native speaker of: Native in JapaneseJapanese
PRO pts in category: 4

Peer comments on this answer (and responses from the answerer)
disagree  xxxskellyfish: This is definitely about federal antitrust law -- I read the Ryals case to confirm. "Good faith" is something else entirely: it's a specific legal term that describes the duty often implied by law into contractual dealings. Antitrust is about monopolies.
9 hrs
  -> そうでしたか。勉強になりました。しかし、競争阻害行為も一種の「信義則違反」ではないでしょうか。全く別のものではないと思います。
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1 day4 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
競争阻害行為


Explanation:
I read Ryals, and the anticompetitive violations contemplated by this phrase definitely fall under American federal antitrust law. However, the text itself does not refer directly to this body of law, and in context I think that "行為" is the more appropriate interpretation of "violation." The author is referring to accusations of anticompetitive violations, which is another way of saying that the accusations refer to anticompetitive conduct/behavior.

http://www.geocities.jp/abelinternational/xE/JJrE_0.htm
競争阻害行為 /kyousou sogai koui :anticompetitive behavior
競争阻害行為 /kyousou sogai koui :antitrust violation

--------------------------------------------------
Note added at 3 days2 hrs (2011-11-23 13:23:45 GMT) Post-grading
--------------------------------------------------

You're welcome. I'm glad I could help!

xxxskellyfish
Local time: 15:26
Native speaker of: Native in EnglishEnglish
PRO pts in category: 2
Grading comment
ありがとうございました。大変助かりました。

Peer comments on this answer (and responses from the answerer)
agree  Benshin: ただ、私はやはり、violationの意味を表すために「競争阻害的な違反行為/侵害行為」などとした方がよいように思います。
14 hrs
  -> コメントありがとうございます。
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