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.
Abas Niazi; Ayam Kamarkhani; Mohsen Jalilian
Abstract
“International Competition law” or “International aspects of domestic competition law” are titles by which we apply competition regulation over international trade-economic activities of undertaking. We can use “international competition law” when we do not confront ...
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“International Competition law” or “International aspects of domestic competition law” are titles by which we apply competition regulation over international trade-economic activities of undertaking. We can use “international competition law” when we do not confront with the absence of multilateral treaty or customary international rules, but use of “International aspects of domestic competition law” results in denying “International Competition law”; because it approves domestic law as the appropriate system to apply over anticompetitive activities. We argue that there are two significant differences between “domestic competition law” and “international competition law”. First; international competition law does not have specific rules in the kind of multilateral treaty and customary rules. Second; international competition law does not have specific institution to enforce its rules. These differences will cause in prosecuting of anticompetitive activities of undertaking in the jurisprudence of domestic courts, even if these activities have international dimensions. So we try to prove the above claims by recognizing the objectives and challenges and solutions of international competition law.
Reza Khoshnodi; Reza Alipour; Alireza Shokohian
Abstract
Not only breach of competition law's regulations has negative effect on economic efficiency, but also causes damages to persons. Since, various legal systems want to prevent anti-competitive conducts and compensate the losses that arise from these conducts, by designing various legal mechanisms. But, ...
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Not only breach of competition law's regulations has negative effect on economic efficiency, but also causes damages to persons. Since, various legal systems want to prevent anti-competitive conducts and compensate the losses that arise from these conducts, by designing various legal mechanisms. But, we should keep in mind that primarily, evaluation of theoretical bases of compensable damages is necessary to discuss injured parties' compensation issues. Study about these bases illustrates differences between various legal systems. Moreover, compensation of losses that arise from anti-competitive conducts has multilayer goals. In one hand, that wants to reach short-time aims that most important of them is compensation of injured parties or in other word compensatory aim. To reach this goal, special methods are designed; such as private and class action. On other hand, we can't condone long-time aims. Most important consideration between them is preventing the anti-competitive conducts’ occurrence that can be reached by punitive damages. Summary analysis of theoretical bases of compensable losses and current compensation methods of such losses in different legal systems, will illustrate our legal system's failures.
