Abuse of superior bargaining position laws prohibit a party to a business arrangement, holding what is considered to be a superior bargaining position relative to another party to the arrangement, from engaging in activities that are deemed to be unfair trade practices. Several jurisdictions in Europe and Asia have such laws, including France, Germany, Japan and South Korea. China is considering adding such a prohibition to its Anti-Unfair Competition Law, defining a superior bargaining position as “an advantageous position in a specific transaction held by an undertaking in terms of capital, technology, market access, distribution channel and material procurement, etc. and its trading counterparty is reliant on such undertaking and is difficult to switch to other undertakings.”1
The United States has no law at the federal level regarding “unfair trade practices” generally. At the federal level, the closest may be the Lanham Act §43, 15 U.S.C. §1125, and the Federal Trade Commission Act §5, 15 U.S.C. §45. Neither covers unfair trade practices generally.
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