Latest Developments On The Regulation Of Digital Platformers From A Competition Law Perspective

1.1.  Restrictions on business-to-business transactions

In general, digital platformers have the discretion to decide the conditions of the transactions with their counterparties; however, their conduct may cause issues to arise under the Japanese Antimonopoly Act ("AMA") if it artificially restricts free competition in the market or if there is an unfair conduct against the counterparty by using their relatively superior position. For example, this may arise if the digital platformer restricts the counterparty and only permits the counterparty to deal with such digital platformer to the exclusion of other competing digital platformers (restrictive trading, exclusive dealing), or if the digital platformer otherwise unfairly disadvantages the counterparty which is forced to use the digital platformer's services by unilaterally changing the terms of the contract therewith (abuse of a dominant position).