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Author(s): 

Heydarian dolatabadi Mohammadj avad | Aliakbari Babukani Ehsan

Issue Info: 
  • Year: 

    2024
  • Volume: 

    7
  • Issue: 

    25
  • Pages: 

    152-191
Measures: 
  • Citations: 

    0
  • Views: 

    10
  • Downloads: 

    0
Abstract: 

Competition Law is a newcomer to the legal system recently. A sound understanding of Competition policy can provide us with sufficient bases to apply a fundamental and normative view of the issues of Competition Law. The difference in supervision and regulation determines how the market functions and in order to understand this difference one must understand Competition policy. Competition policy may be based on governmental support for national production and industry or on a non-interventional and regulatory posture. Moreover, supervision, based on the principle of non-intervention in the market mechanism, is rooted in liberal ideas; however, regulation, whether as a rule or an exception, is based on the assertion that the market has been ineffective in attaining its goals. Therefore, the government will resort to interventions to regulate inefficiencies.  This paper aims to analyze Supervisory Authority in Implementing Competitive Policy by employing the description method. In this article the author tries to first delineate Competition policy, its related requirements and imposed deviations to the market. Then, by defining the supervisory entity and clarifying its distinction from the regulatory institutions, the author considers the characteristics of an appropriate supervisory entity conducting a comparative study of this issue in Iran and the U.S.A. This form of Competition policy because of its applicable experiences which have been well described by recent scholarship is considered suitable for the native system.

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Author(s): 

VAKILI MOGHADDAM MOHAMMAD HOSSEIN

Journal: 

PRIVATE Law STUDIES

Issue Info: 
  • Year: 

    2018
  • Volume: 

    47
  • Issue: 

    4
  • Pages: 

    763-781
Measures: 
  • Citations: 

    0
  • Views: 

    2358
  • Downloads: 

    0
Abstract: 

Globalization of trade has aroused some controversial issues which should be considered in legal studies. This paper provides an overview of "international Competition Law", as an intensive discussion which international trade encounters with. The spread of Competition Law around the world has been remarkable. But to initiate international Competition Law as a comprehensive system, is unworkable. It can be safe to say that the main reason is the variety of approaches about the Competition Law. The importance of Competition Law in international trade relations is undeniable, but it is an insufficiently studied field. The paper, after introducing characteristics, clusters the arenas and the sources of international Competition Law. Findings confirm the necessity of harmonization and the importance of international cooperation by soft Law. Given the difficulties of international collaboration, this is a considerable achievement. The prevalence of soft Law asserts that there is no doubt that states are no longer the only or most important actors in global Law.

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Journal: 

PRIVATE Law STUDIES

Issue Info: 
  • Year: 

    2009
  • Volume: 

    39
  • Issue: 

    3
  • Pages: 

    63-81
Measures: 
  • Citations: 

    3
  • Views: 

    3347
  • Downloads: 

    0
Abstract: 

Competition Law is one of the most important parts of economic Law and regulation. A historical review of the developments of the economics and public Law indicates that public Law principles of Competition Law are influenced by theories of state and theories of justice. In this respect, various legal and political systems on the basis of some philosophical and political principles have tried to justify and apply Competition Law. The classical liberals relying on the principle of not inflecting harm on others justifies Competition Law while the proponents of distributive justice on the basis of concepts of equality and just distribution of wealth defend Competition Law. The advocates of the theories of justice are in favor of Competition Law to extent that it lead to justice in the market place. This paper investigates how Competition Law is justified under the above theories.

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Author(s): 

SADEGHI MOGHADAM MOHAMMAD HASSAN | GHAFARI FARSANI BEHNAM

Issue Info: 
  • Year: 

    2011
  • Volume: 

    75
  • Issue: 

    73
  • Pages: 

    113-146
Measures: 
  • Citations: 

    1
  • Views: 

    1499
  • Downloads: 

    0
Abstract: 

Competition Law is conceived as one of the most important factors in the success of free market economic systems. The idea is that if free Competition exists among activists at production and distribution of goods and services, economic efficiency and ultimately total welfare will increase. While this new branch of Law has long provoked fascinating interdisciplinary discussions among economists and Lawyers, the legal system of Iran has recently taken the first step in this field. So it is required that from now that the underlying premises and principles of this area of Law are properly discussed and examined to pave the way for deeper future researches. Certainly one of the most important and basic questions about any new regulations which it is of a determinant role in interpreting their provisions, is goals which those regulations seek to achieve. Lawyers and legal systems have no consensus on objectives of Competition Law. Generally, multiple goals for the said regulations are conceivable that sometimes run at odds with each in execution stage. The following article, relying on Iran legal system is to explain the objectives of Competition Law. It shows that the "Soul" of Competition Law is the preservation of Competition to promote efficiencies for consumers.

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Author(s): 

NOUROUZI SHAMS M.A.

Journal: 

Legal Research

Issue Info: 
  • Year: 

    2009
  • Volume: 

    -
  • Issue: 

    SUPPLEMENT 1
  • Pages: 

    507-539
Measures: 
  • Citations: 

    0
  • Views: 

    1173
  • Downloads: 

    0
Abstract: 

In the context of modern commerce, franchise agreements is a mode of distributing goods or services based on network of independent partners, whose distinct but combined efforts have proved that franchising can increase the power and efficiency of this distribution.In developed countries almost everyone is familiar with the term franchising, or has at least had some contact with the products or services offered by franchises. But in our country this term 'only is unknown for people but also for majority of trader and Lawyer is too strange. What is franchising? How does it work? And why, over the last 10 to 20 years, has franchising become the fastest growing way of doing business in developed countries? This article in, first section, endeavours to answer the questions posed above and provide the reader with a basic understanding of haw franchising works. It will discuss the benefits given by a franchise, and some disadvantages of this almost new legal phenomenon. In second section of this paper franchise agreement would be consider in perspective of EC Competition Law.

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Issue Info: 
  • Year: 

    2018
  • Volume: 

    48
  • Issue: 

    3
  • Pages: 

    677-695
Measures: 
  • Citations: 

    0
  • Views: 

    1091
  • Downloads: 

    0
Abstract: 

During globalization era and amalgamation of cultural, economic, political and social areas pertain to countries, the connection between people of the world and their countries is becoming vaster and also closer. Such proximity, particularly, in economic areas may cause collision, opposition and conflict of Laws of the states. The Laws which their application has been knotted to countries’ interests. Occasionally such interests stand beyond the borders of a country. Applying national rules to the beyond border matters faces many obstacles. Apart from conflict of jurisdictions, states’ sovereignty is one of the obstacles which hinder application of foreign Law upon another country. On the other hand, rules such as Competition rules which has been knotted to public and economic order of the countries, enjoy such importance which if been violated beyond their borders they wouldn’t bear the issue.

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Author(s): 

BAGHERI MAHMOUD | SEYEDI J.

Journal: 

PRIVATE Law STUDIES

Issue Info: 
  • Year: 

    2008
  • Volume: 

    38
  • Issue: 

    3
  • Pages: 

    57-83
Measures: 
  • Citations: 

    0
  • Views: 

    1629
  • Downloads: 

    0
Abstract: 

Different aspects of Competition in stock exchanges have been discussed in the literature from either a positive or normative perspective but this paper seeks to come up with an approach encompassing both positive and normative dimensions of Competition in various aspects of stock exchanges’ activities. As far as the positive nature of the securities market and industry is concerned, conflicting trends are emerging. The liberalization of securities markets and the disappearance of technical barriers have dismantled the monopoly of national stock exchanges but led to more consolidation. However, we are also witnessing a destabilizing and fragmenting effect of Competition on these markets. Following an analysis of the importance of recognition of the normative/positive dichotomy in approaching Competition in financial services, we discuss the centrality of information disclosure in creating competitive and stable financial markets. Disclosure of information, therefore, reinforces both competitive and prudential objectives alike. In further attempt, we discuss the tension between the principles of Competition and prudence alongside the conflict between Competition objectives and advantages in economies of scope and scale. While arguments in weighing the Competition against economies of scope and scale are evenly balanced, the unique characteristics of such markets do not allow the absolute application of Competition principles when it comes to prudential concerns.

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Issue Info: 
  • Year: 

    2008
  • Volume: 

    12
  • Issue: 

    45
  • Pages: 

    245-281
Measures: 
  • Citations: 

    2
  • Views: 

    1866
  • Downloads: 

    0
Abstract: 

This paper examines the impact of Competition Law on the degree of local Competition, competitiveness and the standard of living. Data is obtained from the World Economic Forum2003 and Global Competition Review2003 – in the form of different indices calculated for 83 less developed, developing and developed countries. A system of three equations is established, which is estimated both simultaneously and in single form. The result of both models showed that Competition Law application affects competitiveness and thus the standard of living in a positive way (0.62). Also the simultaneous approach results on the degree of local Competition showed that monopoly regulation policies influences the level of Competition among domestic firms (5.4%) and through that it improves the standard of living (0.58%).

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Issue Info: 
  • Year: 

    2018
  • Volume: 

    22
  • Issue: 

    88
  • Pages: 

    179-206
Measures: 
  • Citations: 

    0
  • Views: 

    801
  • Downloads: 

    0
Abstract: 

With the spread of standard technologies in all fields, especially communications technology, standard essential patents have gained much importance. For the sake of assurance as to access to such patent, standard organizations have required the owners to undertake to grant license on this basis is to prevent owners of standard essential patents from abusing their exclusive power in the market and committing anti-competitive acts. Meanwhile, they are entitled to earn appropriate remuneration for their essential patents. There are controversies as to conditions of the said obligations. There have been a number of cases which present a common practice with regard to preventing abuse of excusive power and anti-competitive acts. The results of this analytic-descriptive study show the importance of a balance between the interests of standard essential patents owners and those enforcing standards and in order to preserve Competition, the conditions of granting licenses must be determined clearly. In the absence of specific provisions, in the Iranian Law, in order to regulate standard essential patents, recourse may be made to the rules on compulsory licenses and prevention of abuse of dominant position in the act on the implementation of article 44 of the constitution. Meanwhile, specific provisions for standard essential patents would clarify the legal status of such patents and reduce disputes.

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Issue Info: 
  • Year: 

    2021
  • Volume: 

    25
  • Issue: 

    101
  • Pages: 

    229-249
Measures: 
  • Citations: 

    0
  • Views: 

    183
  • Downloads: 

    52
Abstract: 

Collusion between economic enterprises can be realized as a contract or an agreement. In addition, it is possible to realize collusion by expressing the intentions of the parties or by exchanging information regardings the business of the enterprises. This mode of behavior of competitors is termed “concerted practice. ” Competition Law not only needs to deal with contracts, but also needs to create a mechanism to deal with such arrangements, in order to be able to support the Competition. the main question of the present research is whether the realization of concerted practice is subject to the disclosure of the intentions of the enterprises and the communication between them? The hypothesis is that without revealing the intentions and the connectivity between enterprise, the concerted practice is not realized. The research method is analytical and is based on library research, In the analysis of the above mentioned question, the iranian Law and the European Union Law have also been discussed.

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