Mirghasem Jafarzadeh; masumeh akbarian.tabari
Abstract
A vertical agreement is an agreement between two or more economic entities, each of which operates at different levels of the commercial market. These agreements may contain non-price excluding terms that are contrary to competition law. One of the controversial issues in this regard is whether competition ...
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A vertical agreement is an agreement between two or more economic entities, each of which operates at different levels of the commercial market. These agreements may contain non-price excluding terms that are contrary to competition law. One of the controversial issues in this regard is whether competition law will recognize non-price restraints on vertical agreements as detrimental to competition or not only does it not constitute a barrier to competition but also finds it useful in competition. The findings of the comparative studies show that non-price restraints on US and EU competition law are among the suspected restraints, however, due to the different approaches in competition law policies, the scope of inclusion in both legal systems is different. U.S jurisprudence has recognized it as independent restrictive arrangements and analyzes it under the rule of rationality. There are general and individual exemptions in EU law for the assessment of vertical restraints, which are declared legitimate if they meet the stated criteria. In Iranian law, the competitive approach to these restraints is ambiguous due to the lack of an explicit position, however, by relying on the general rules of competition law and the interpretation of Articles 44 and 45 of Law on Implementation of General Policies of Principle (44) of Constitution, we can find examples of restrictive procedures and agreements that can be adapted to these restraints in US and EU competition law.
Mohsen Ghasemi
Abstract
Distribution agreements, as the main element of distribution law, are the efficient legal instruments that play an essential role in the process of supplying goods and some services to the markets and selling them to final consumers. The distribution network resulting from the conclusion of these types ...
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Distribution agreements, as the main element of distribution law, are the efficient legal instruments that play an essential role in the process of supplying goods and some services to the markets and selling them to final consumers. The distribution network resulting from the conclusion of these types of contracts has tangible advantages over the traditional "commercial agency". However, since it also has negative anti-competitive effects and creates situations such as the economic dependence of distributors on suppliers, a special legal system has been set up to govern this category of contracts in Western countries. By contrast, in Iranian law, distribution contracts are not well-known, and despite the effectiveness of the general rules of contracts in civil law in determining the conditions of the validity of these types of contracts, the new system of competition law in Iran has shortcomings in this area. This article examines the common rules for formation of these contracts in the light of rules of competition law. In doing so, it conducts an analytical and comparative study under French law, European law and Iranian law in order to provide the necessary theoretical basis for the development of a comprehensive system of such contracts in Iran.
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
