- Abuse of superior bargaining position (ASBP) concerns situations where a party makes use of its superior bargaining position relative to another party with whom it maintains a continuous business relationship to take any act such as to unjustly, in light of normal business practices, cause the other party to provide money, service or other economic benefits.1
Korea, with its three decades of competition experience and vibrant and robust technology industry, is ahead of many of its western counterparts in digital regulation. The Panel discussed certain important issues in respect of app markets in particular and mobile ecosystem in general, use of ‘Abuse of superior bargaining position’ provisions (“ASBP”) and certain key concerns regarding different approaches to policy making viz. focus on consumers versus focus on businesses, closed system versus open system, stringent regulation versus collaborative regulation.
The Panel was moderated by Hwang Lee (Korea University School of Law) who noted the widespread use of ABSP in the Korean context and its increasing international appeal. Korea has been a frequent user ASBP as highlighted by Yong Lim (Seoul National University AI Policy Initiative), who went onto discuss the features, merits and demerits of the use of ASBP. Hwang Lee underscored the need to balance data protection concerns with innovation in the mobile ecosystem and acknowled…