Abusive Practices in Competition Law
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Abusive Practices in Competition Law

Edited by Fabiana Di Porto and Rupprecht Podszun

Abusive Practices in Competition Law tackles the difficult questions presented to competition lawyers and economists regarding abusive practices: where and when is the red line crossed in competitive advances? When is a company explicitly dominant? How do you handle those who hold superior bargaining power over others but are not classed as dominant?
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Chapter 17: Comparative analysis of the Japanese Subcontract Act and the regulations on unfair trade practices in the EU: focus on the grocery industry

Kazuhiko Fuchikawa


Regulations of the grocery industry are one of the major concerns for competition authorities throughout the world. This chapter focuses on the regulations governing the unjust use of superior bargaining positions in the grocery industry, comparing the EU approach with the Japanese approach. Firstly, this chapter studies the regulations on unfair trade practices in the EU and in the UK. In 2011, the European Commission published a directive to combat late payment in commercial transactions. The UK has the Groceries Supply Code Practice and the Groceries Code Adjudicator to ensure adherence in following these trade practices. Secondly, this chapter studies the Japanese Subcontract Act that plays an important role in regulating the unjust use of superior bargaining positions. The UK approach has the advantage in that there is a variety of means of enforcement, and enforcement is stronger than it is with the Japanese approach. However, the Japanese approach has the advantage of solving problems rapidly through administrative measures.

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