A Baseline for Analyzing Exploitative Abuse of a Dominant/Superior Position

Abstract

The emerging importance of laws regarding exploitative abuse continues to prevail; not only the European Union but the United States, the jurisdiction least concerned about this type of abuse, is interested in dealing with standard-essential patents, and such cases include issues of exploitative abuse of a dominant position. The jurisdictions that already regulate “superior” positions are equipped with abundant cases and practices useful to this study. Taking Japan as an example, I show that these jurisdictions have the same framework as jurisdictions that regulate “dominant” positions, the analysis of which could contribute useful thoughts and experiences to the discussion of exploitative abuse.

Keywords: competition law, exploitative abuse, abuse of dominant position, abuse of superior bargaining position

JEL Classification: K21, K13, K20