The Japanese FTC publishes a report into ’know-how’ and IP in the context of the abuse of superior bargaining position infringement under the anti-monopoly act

The Japan Fair Trade Commission ("JFTC") periodically conducts market research to review and investigate business activities that may violate abuse of superior bargaining position ("ASBP") regulations. For the first time in its history, the JFTC has focused its market research on manufacturer "know-how" and intellectual property ("IP") after it received multiple complaints from manufacturers who claimed that their know-how and IP were exploited by parties in a superior bargaining position. ASBP is a type of prohibited single firm conduct ( e.g. , private monopolization or unfair trade practices). These rules are not unique to Japan but they are unusual, and only a few jurisdictions ( e.g. , Germany and Korea) have similar prohibitions. ASBP is somewhat analogous to "abuse of a dominant