The Japan Fair Trade Commission issues draft guidelines on the prohibition of abuse of a superior bargaining position under the Anti-Monopoly Law (AML)

The Japan Fair Trade Commission (JFTC) has issued draft guidelines on enforcement of the prohibition on abuse of a superior bargaining position, which long has been a violation of Japan's « Anti-Monopoly Law » (AML) and has been enforced mostly through the Japanese administrative guidance system. Abuse of a superior bargaining position constitutes an unfair business practice, in violation of the AML, and under 2009 AML amendments was made subject to fines of up to 1 percent of sales affected by a « continuous abuse. » In contrast to the better known offense of abuse of a dominant market position, abuse of a superior bargaining position does not require that a party have market power, only that its bargaining position in a given transaction be superior to that of its counterparty. Even

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Stephen Harris, Shinya Watanabe, Hiromitsu Miyakawa, Akio Yamada, The Japan Fair Trade Commission issues draft guidelines on the prohibition of abuse of a superior bargaining position under the Anti-Monopoly Law (AML), 31 July 2010, e-Competitions August 2010, Art. N° 33661

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