New Japan FTC Guidelines: Application of abuse of superior bargaining position to transactions between digital platforms and consumers

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The Japan Fair Trade Commission issued “Guidelines Concerning Abuse of Superior Bargaining Position in Transactions between Digital Platform Operators and Consumers that Provide Personal Information, etc.” on December 17, 2019. The Guidelines were prepared in accordance with the June 21, 2019 Cabinet decision on the growth strategy, including preparing new JFTC guidelines for application of abuse of superior bargaining position to business-to-consumer transactions with regard to digital platform businesses. The Guidelines intend to provide clarity and predictability for the situations where conduct would be problematic in B2C transactions under the ASBP regulation, specifically for transactions where consumers provide information (e.g., personal information) to digital platforms.