抄録
Under Article 144 of Japanese Broadcasting Law, when cable televisions make request for the extraterritorial retransmission of terrestrial broadcasting, terrestrial broadcasters must give consent except where the basic broadcasters have justifiable grounds for not giving it. In 2008, the Ministry of Internal Affairs and Communications, taking into consideration the present situations in which terrestrial broadcasters and cable televisions in rural areas are put, issued a guideline stating what could be “justifiable grounds”. However, a judgment rendered by the Tokyo High Court in 2017 cast doubt on the policy considerations behind the guideline, and some researchers argue that the guideline needs a revision. As Article 144 can be characterized as a provision regulating refusals to deal by terrestrial broadcasters, we decide to analyze the arguments based on the antitrust thinking. Antitrust law has provisions of unilateral refusal to deal and its experience will contribute to the possible revision of the guideline.
