Abuse of economic dependence (superior bargaining position) in competition law: concerns, benefits, and safeguards

Abstract Abuse of economic dependence, or abuse of superior bargaining position, has increasingly been introduced as a standalone prohibition within competition law across jurisdictions. This article explores why such dependence-centred competition rules are adopted, with what policy objectives, and how implementing jurisdictions address the concerns raised about them. It first maps legislative and institutional designs across 34 jurisdictions and identifies 13 systems with explicit provisions for abuse of dependence, operating alongside abuse of dominance. It then discusses the principal concerns surrounding such rules and weighs them against their complementary benefits, taking into account internal safeguards used in practice. This article notes that, while the concerns are reasonable and may justify non-adoption, this does not, in itself, mean that adoption is inherently misguided. It highlights that dependence-centred rules have complementary advantages—bringing the vertical power-over dimension to the centre of power analysis and enabling a more flexible, dynamic assessment of competitive harm—and that, with safeguards, such as structural power and impact screens, the concerns can be mitigated in practice. It concludes that, when so designed, dependence-centred rules can serve as a balanced complement and outlines directions for future research.

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Publication Details

Journal
Journal of Antitrust Enforcement
Published
2026-03-26
DOI
https://doi.org/10.1093/jaenfo/jnag005
Primary Topic
Merger and Competition Analysis
Type
article
Field-Weighted Citation Impact
0.00
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article

Abuse of economic dependence (superior bargaining position) in competition law: concerns, benefits, and safeguards

Sangyun Lee
Journal of Antitrust Enforcement
Merger and Competition Analysis
article

Abuse of economic dependence (superior bargaining position) in competition law: concerns, benefits, and safeguards

Sangyun Lee
article en

Abstract

Abstract Abuse of economic dependence, or abuse of superior bargaining position, has increasingly been introduced as a standalone prohibition within competition law across jurisdictions. This article explores why such dependence-centred competition rules are adopted, with what policy objectives, and how implementing jurisdictions address the concerns raised about them. It first maps legislative and institutional designs across 34 jurisdictions and identifies 13 systems with explicit provisions for abuse of dependence, operating alongside abuse of dominance. It then discusses the principal concerns surrounding such rules and weighs them against their complementary benefits, taking into account internal safeguards used in practice. This article notes that, while the concerns are reasonable and may justify non-adoption, this does not, in itself, mean that adoption is inherently misguided. It highlights that dependence-centred rules have complementary advantages—bringing the vertical power-over dimension to the centre of power analysis and enabling a more flexible, dynamic assessment of competitive harm—and that, with safeguards, such as structural power and impact screens, the concerns can be mitigated in practice. It concludes that, when so designed, dependence-centred rules can serve as a balanced complement and outlines directions for future research.

Journal of Antitrust Enforcement
Kyoto University (JP)
Peace, Justice and strong institutions
Openalex Percentile: Top 12%
Merger and Competition Analysis
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