Abuse of Superior Bargaining Position: the Japanese Experience (2024)

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Volume 5 Issue 8 October 2014
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Sayako Takizawa

E-mail: koki_arai@jftc.go.jp

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Koki Arai

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Journal of European Competition Law & Practice, Volume 5, Issue 8, October 2014, Pages 557–562, https://doi.org/10.1093/jeclap/lpu041

Published:

23 May 2014

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Abstract

Some time ago, Japan introduced a surcharge system to Abuse of Superior Bargaining Position, which prohibits exploitation by the counterparty in relatively stronger bargaining position.

This approach has given rise to case law in various sectors of the economy and, on that basis, there is a growing argument that perhaps it should be introduced in other jurisdictions.

© The Author 2014. Published by Oxford University Press. All rights reserved. For Permissions, please email: journals.permissions@oup.com

Issue Section:

National and International Developments

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