SUPERIOR BARGAINING POSITION AND FORMS OF ITS ABUSE: A COMPARATIVE ANALYSIS OF THE PRACTICE IN GERMANY, JAPAN AND SOUTH KOREA
DOI:
https://doi.org/10.47390/SPR1342V5SI7Y2025N32Keywords:
superior bargaining position, forms of abuse, competition law, Bundeskartellamt, JFTC, KFTC, unfair trade practices, economic dependency.Abstract
This article examines the legal concept of abuse of superior bargaining position and the mechanisms of its regulation in the practices of Germany, Japan, and South Korea. Unlike market dominance, superior bargaining position arises from a specific economic dependency and is manifested when the stronger party in contractual relations imposes unfair conditions on the weaker party that contradict ordinary commercial practices. The article provides a comparative analysis of the enforcement practices of the competition authorities in these countries and their criteria, highlighting the main forms of abuse of superior bargaining position and the legal standards applied in their assessment.
References
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