1. The Exploitative Abuse Prohibition: Activated by Modern Issues.
- Author
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Tadashi Shiraishi
- Subjects
- *
DOMINANT culture , *INTELLECTUAL property , *SHARING economy ,VERIZON Communications Inc. v. Law Offices of Curtis V. Trinko LLP (Supreme Court case) - Abstract
The prohibition of exploitative abuse has attracted increasing attention in recent years, activated by many modern issues, also involving intellectual property rights. This article takes a bird's-eye view of the policy distance between the United States, a core supporter of nonintervention, and the European Union, a core supporter of modest intervention. The article also examines the response of Japanese law, which includes the prevention of abuse of a superior bargaining position, a functional equivalent to the prohibition of exploitative abuse in this context. The provision against abuses of a superior bargaining position in Japan has been recently enforced in the context of private lawsuits as well. Such a holistic research framework will enable us to explore the potential responses of competition law to the challenges raised by data protection, the sharing economy, and other modern issues. [ABSTRACT FROM AUTHOR]
- Published
- 2017
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