Anti-competitive practices from the perspective of Imami jurisprudence, Iranian law, the United States and the European Union
Subject Areas : Political and International Researches Quarterlyjavad niknejad 1 , majid khalilpourgorgani 2 , behnam ghanbarpor 3
1 - Assistant Professor of Private Law, Department of Private Law, Ghaemshahr Branch, Islamic Azad University, Ghaemshahr, Iran
2 - PhD Student in Private Law, Department of Private Law, Ayatollah Amoli Branch, Islamic Azad University, Amol, Iran
3 - Assistant Professor of Theology and Islamic Studies, Department of Theology and Islamic Studies, Ghaemshahr Branch, Islamic Azad University, Ghaemshahr, Iran
Keywords: anti-competitive procedure, vertical agreement, horizontal agreement, jurisprudence-law,
Abstract :
Whereas, by communicating the general policies of Article 44 of the Constitution and emphasizing privatization, it has condemned anti-competitive practices, and on the other hand, from the perspective of domestic law, due to the adoption of Culture of the Islamic Republic of Iran and the implementation of the general policies of Article 44 of the Constitution) and especially its ninth chapter, anti-competitive behaviors and procedures have been identified and that anti-competitive practices are in conflict with certain jurisprudential rules, especially the harmless rule. How to fight against anti-competitive practice from a jurisprudential-legal perspective is necessary. The main question of the present study is that in comparison between anti-competitive practices from the jurisprudential-legal perspective, In American and European law, their competitive evaluation process is based on certain criteria.However, it is possible that these agreements, their specific elements, may be subject to general exemptions and be exempted from the competitive exploration process.
