Volume 27, Issue 1 (2023)
CLR 2023, 27(1): 23-54 |
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Sheikholeslam Noori E S, Parsapour M, Mohammadi P. Conditions for Prohibiting Discriminatory Transactions
(Comparative studying the American, European Union and Iranian Law). CLR 2023; 27 (1) :23-54
URL: http://clr.modares.ac.ir/article-20-67247-en.html
URL: http://clr.modares.ac.ir/article-20-67247-en.html
1- Ph. D. Student in Privet Law, Faculty of Law, Tarbiat Modares University, Tehran, Iran
2- Associate Professor in Private Law, Faculty of Law, Tarbiat Modares University, Tehran, Iran , parsapour@modares.ac.ir
3- Professor in Private Law, Faculty of Law, Tarbiat Modares University, Tehran, Iran
2- Associate Professor in Private Law, Faculty of Law, Tarbiat Modares University, Tehran, Iran , parsapour@modares.ac.ir
3- Professor in Private Law, Faculty of Law, Tarbiat Modares University, Tehran, Iran
Abstract: (750 Views)
Discriminatory transactions are contracts in which there is unjustified discrimination in one of them despite the fact that the circumstances are the same. In legal systems, special conditions for prohibition have been included. Some of these conditions are related to the contract itself; Such as the similarity of transactions and the condition of applying restrictions, which exist only in the United States. Some of these conditions are related to the parties to the contract, such as the exclusive power of the economic enterprise or the dominant economic situation. Some conditions are competitive legal conditions. Competitive conditions include disruption of competition, competitive damage and discrimination between competing buyers. The condition of entering damage to the interstate market in the United States and to the trade between the member countries, is foreseen in the European Union law; But it has not been relevant in Iran's legal system. Therefore, in all three legal systems, special conditions for prohibition have been stated. In America, these restrictions are more and most transactions are considered legal. The most important difference between the European Union and Iran is that, in the European Union, only those transactions which are stated by the economic enterprise in a dominant position are prohibited. This should be emphasized in Iranian law as well. Also, based on the appearance of Iranian law, the conditions for prohibiting unilateral discriminatory transactions are stricter than multilateral discriminatory transactions. Finally, based on the examination of the conditions of prohibition, legal articles have been proposed to amend the law.
Keywords: Abuse of Dominant Position, Conditions for Prohibition, Discriminatory Pricing, Discriminatory Transactions
Article Type: Original Research |
Subject:
Comparative Law
Received: 2023/02/3 | Accepted: 2023/04/18 | Published: 2023/07/5
Received: 2023/02/3 | Accepted: 2023/04/18 | Published: 2023/07/5
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