Ebrahim Rahbari
Abstract
Mergers have always raised competition concerns and competition authorities have tried to prevent anticompetitive practices made through them. One of the most efficient methods is designing a framework to primary evaluation of proposed mergers and striking a balance through the validation of mergers ...
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Mergers have always raised competition concerns and competition authorities have tried to prevent anticompetitive practices made through them. One of the most efficient methods is designing a framework to primary evaluation of proposed mergers and striking a balance through the validation of mergers by employing structural and conduct remedies. In IP domain, the mentioned measures in the light of particular matters of such field, come to assist competition authorities in order to modify the mergers in waiting period and provide a proper chance in utilizing the potentials of the mergers in promoting innovation and technology development. By analyzing the solutions proposed by US and EU law, this research aims to examine different types of remedies relevant to proposed mergers and clarify their efficiency, challenges and developments in IP field. This article also tries to regulate and justify the process of validation the proposed mergers subject to some conditions by making an interpretation on existing legal rules contained in Iranian laws.
Mirghasem Jafarzadeh; Ebrahim Rahbari
Volume 1, Issue 1 , February 2013, , Pages 65-104
Abstract
Technology Licensing contract are agreements which pave the way
for transferring and diffusing of technology. These agreements usually
contain restrictive clauses which pose competitive concerns. These
restrictive clauses are divided into three categories, one of which is
hardcore or per se illegal ...
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Technology Licensing contract are agreements which pave the way
for transferring and diffusing of technology. These agreements usually
contain restrictive clauses which pose competitive concerns. These
restrictive clauses are divided into three categories, one of which is
hardcore or per se illegal ones. Having briefly considering the position
of these restrictive clauses within the other restrictive practices, this
article has mainly the intention to analyze the subject in the light of
American and EU laws as well as the international instruments. In
doing this job, this paper will also have special reference to the
experiences of some Asian countries which by adopting an efficient
competition policy have acquired substantial successes in this field.
Upon the results of this analysis, this article, showing the surprising
deficiencies and obscurities of the Iranian law and challenging its
competition policies, will try to provide appropriate guidance and
suggestions for legislative bodies, competition council and judicial
courts
