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On 17 December 2019, the Japan Fair Trade Commission (JFTC) published the "Guidelines Concerning Abuse of a Superior Bargaining Position in Transactions between Digital Platform Operators and Consumers that Provide Personal Information, etc". The guidelines specify the regulation of abusing a superior bargaining position when it comes to personal data. The goal, according to the JFTC, is to make digital platform operators more transparent and predictable. Specifically, the guidelines prohibit behaviour that may result in an "impediment to competition", extending the reach of oversight. Similar to the "abuse of a dominant position", the guidelines prohibit certain abusive conduct by companies in a superior bargaining position. But contrary to the "abuse of a dominant position", the "impediment to competition" requirement does not require market power.
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