Private Law
Mina Hosseini; Behnam Ghafari
Abstract
One of the issues that have received less attention in competition litigation cases in our legal system is the litigation costs problem. The Competition Council has several tasks under "the Act of the execution of the General Policies of Article 44 of the Constitution"(2007), which requires a great deal ...
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One of the issues that have received less attention in competition litigation cases in our legal system is the litigation costs problem. The Competition Council has several tasks under "the Act of the execution of the General Policies of Article 44 of the Constitution"(2007), which requires a great deal of expense to perform optimally. At present, these costs funded by the government. Although in the current state of the economy with considering other countries' approaches to financing these costs, it is better to have at least some of the funding required by the council from other sources (such as receiving fees from private applicants).This study investigates the experiences of the US, Canada, Japan, Turkey, Denmark, the UK, Swiss, Ireland, South Africa, and Hong Kong legal systems in providing competition litigation costs.This article, in an analytical way, examines the justification for collecting litigation costs. Using the experience of other legal systems, it proposes a method (along with suggesting some articles) for allocation of litigation costs in the Iranian competition law and merger control regime to introduce a basis for reforming the law and optimizing Iran's competition system.
Mohammad Hassan Sadeghi Moghadam; behnam Ghafari Farsani
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 ...
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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.