A law to newly regulate giant IT companies came into effect on the 1st.

In order to prevent unfair transactions due to differences in position, it is obligatory for IT companies that operate mail-order sites to disclose contract terms to business partners in an easy-to-understand format.

This law regulates the fact that giant IT companies are in a stronger position than their business partners, and that they make contracts in their favor or unilaterally raise commissions.



The target is businesses that operate mail-order sites with domestic sales of ▽ 300 billion yen or more, and smartphone “app stores” with ▽ 200 billion yen or more.



Rakuten, Yahoo, Amazon, Google, Apple, etc. are assumed, and it

is obligatory to


disclose the contract conditions to business partners in an easy-to-understand


format and to notify in advance when changing the contract contents. ..



If you do not comply, the Ministry of Economy, Trade and Industry can issue recommendations and action orders, and if you suspect that you violate the Antimonopoly Act, you can request the Fair Trade Commission to take action.



Furthermore, we request IT companies to self-evaluate the status of information disclosure and submit a report to the Minister of Economy, Trade and Industry every year.



With regard to giant IT companies, there is a movement to set regulations in the EU and other countries against the background of increasing influence, and Japan is also deciding to strengthen surveillance in the wake of this law.

Strict regulations and proceedings in Europe and the United States

Against the backdrop of increasing influence such as GAFA, the movement to regulate huge IT companies is also progressing overseas.



The EU = European Union is the one with the strictest regulations.



The EU enforced the "Platform Transaction Transparency Law" in July last year, and displays the reasons for suspending the accounts of businesses where IT companies that operate mail-order sites are open and the ranking of products on the site. We have made it obligatory to make transactions transparent by disclosing in advance the rules for doing so.



In addition, the new bill announced in December last year includes:


▽ Preferential sales of own products and advantageous sales


▽ Use of sales data of businesses that have opened stores for services for their own consumers. It is being considered for legislation, including the prohibition of the law.



Also in the United States, the Department of Justice and the FTC (Federal Trade Commission) are using their monopoly position to prevent fair competition, and there are a series of moves to sue Google and Facebook, and the House of Representatives is doing business. The line of sight to giant IT companies is becoming more severe, such as compiling a report calling for tightening regulations with a view to division.

Frequently investigated by the Fair Trade Commission

The alleged disadvantages of businesses dealing with giant IT companies have often surfaced and have been the subject of investigation by the Japan Fair Trade Commission.



Amazon Japan said that


in August 2016, it asked a trader not to raise the price of the product compared to other mail-order sites


, and in March 2018, it discounted the product sold to the user. I was inspected by the Fair Trade Commission for making up for it.



In both cases, Amazon Japan has stopped the alleged violation, and in the case of 2018, it will refund about 2 billion yen to the trader.



Also, in February last year, Rakuten underwent an on-site inspection by the Japan Fair Trade Commission over a service that makes mail-order websites free of charge.



Even now, we are still investigating whether there were any unreasonable demands on store owners.

Voice of "disadvantage" from the trading company

According to a survey conducted by the Ministry of Economy, Trade and Industry three years ago, 80% of the 2000 companies that deal with giant IT companies were "difficult to negotiate individually" and "the rules were unilaterally changed and suffered disadvantages. It means that he answered.



Regarding this situation, Mr. Yuki Katsumata, the representative of "Rakuten Union", an organization created by the shop owners of the mail-order site "Rakuten Ichiba" operated by Rakuten, said, "There are many changes in the rules that are disadvantageous to the shop owners, and they are on an equal footing. It is necessary to create a mechanism. "



In January and August last year, the group issued a document requesting a cease and desist order to the Japan Fair Trade Commission.



In response, Rakuten said, "We are studying each measure we implement from various perspectives and strive to comply with laws and regulations. We have set a considerable notice period for changes to the rules and explain them by various means. We will continue to hold dialogues with the stores sincerely and strive for mutual understanding. "

Rakuten and Yahoo start voluntary response

Rakuten and Yahoo have begun voluntary efforts before the legislation on giant IT companies begins.



Of these, Rakuten has already stipulated the terms of the transaction and the products that are prohibited from listing in the rules and guidelines with the business operator, and has held an opinion exchange meeting with the Japan Consumers Association.



On top of that, in March, we plan to create a place for dialogue and exchange of opinions with the "Rakuten Ichiba Store Opener Tomo no Kai," an organization created by exhibitors.



In addition, Yahoo has clarified and published the screening criteria for businesses wishing to open stores on the online shopping site, and has also shown in detail how to determine the display order of search results on online shopping.



In addition, Amazon Japan did not give a concrete response to NHK's interview, but "We have been communicating with the government on various cases. We will take appropriate measures based on the contents of the laws and regulations to be enforced. I will go. "

In the future, consumer protection and expansion of regulations

Attorney Takehiko Anhira, who was involved in the drafting of the "Digital Platform Transparency Law" that came into effect on the 1st, said that a giant IT company called "Digital Platformer" has become "a major player in the national economy and life." However, there was a lack of transparency in terms of transactions. This law aims to promote competition to increase transparency and improve the environment. "



In addition, the subject of this law can be expanded flexibly, and it is possible that restaurants and hotel reservation sites, etc., where it is pointed out that the order in which search results are displayed are unclear, will be targeted in the future. It means that there is.



On the other hand, the main purpose of this law is to protect businesses that trade on large-scale mail-order sites and app stores operated by giant IT companies, and protect general consumers who shop on these sites. The Consumer Affairs Agency is currently considering the content of the regulation.



Attorney Anping said, "The EU, which is leading the way in the regulation of giant IT companies, is proceeding with the formulation of laws for both businesses and consumers. In Japan, if the bill of the Consumer Affairs Agency is materialized, the legal system as two wheels Will be completed. "