I. Introduction A private party is entitled to file an Article 25 suit against a party that has committed a certain act in violation of AMA, including but not limited to unfair trade practice by abusing of superior bargaining position, on condition that there is a final and binding cease-or-desist order [1] [2] against such violation. On 22 June 2009, the Japan Fair Trade Commission (“JFTC”) issued a cease and desist order against SEJ (“Order”) finding that SEJ preventing its franchisees to undertake discount sales of close-to-date fresh food and beverages (“Discount Sales”) constitutes an abuse of a superior bargaining position [3]. After the Order became final and binding on August 21 2009, Franchisees filed an Article 25 suit against SEJ claiming that because of SEJ’s abuse of a
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The Tokyo High Court recognizes that providing advice or guidance to franchisees to sell products at “recommended price” is indeed an abuse of a superior bargaining position (SEJ)
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