THE PHENOMENON OF SUPERIOR BARGAINING POWER IN UZBEKISTAN: LEGAL INNOVATION AND WTO COMPLIANCE STANDARDS

Abstract

the article provides a comprehensive legal and economic analysis of the "Superior Bargaining Power" (SBP) institute, introduced as a major legal innovation in the new edition of the Law of the Republic of Uzbekistan "On Competition" (2023). The author explores the fundamental conceptual differences between the traditional "Dominant Position" (Article 13) and the newly established "Superior Bargaining Power" (Article 14). The study highlights that while dominance is a structural market category based on horizontal market share, SBP represents a behavioral and relative form of power within specific bilateral contractual relationships. Special attention is paid to the novelty of the SBP institute, which allows for the protection of small and medium-sized enterprises from unfair trading practices by larger contractors who may not necessarily hold a dominant market position. Furthermore, the article justifies the importance of the SBP mechanism in the context of Uzbekistan's strategic goal of accession to the World Trade Organization (WTO). The author argues that SBP regulation directly supports WTO principles of transparency, non-discrimination, and fair market access, as outlined in GATT and RP-181. The research concludes that standardizing SBP criteria is vital for creating a predictable legal environment and a competitive investment climate in Uzbekistan.