Volume 20, Issue 4 (2016)
CLR 2016, 20(4): 81-107 |
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Deylami A, Salimi F. A Comparative Study of the Basics of Liability Arising from Anti-competitive Practices (Iran and European :union:). CLR 2016; 20 (4) :81-107
URL: http://clr.modares.ac.ir/article-20-8955-en.html
URL: http://clr.modares.ac.ir/article-20-8955-en.html
1- Associte Professor of Private Law, University of Qom, Qom, Iran
2- Ph.D. student of Private Law, University of Qom, Qom, Iran
2- Ph.D. student of Private Law, University of Qom, Qom, Iran
Abstract: (9387 Views)
Knowing the basis of any kind of responsibilities is necessary for the proper exercise of its rules of responsibility. The proper utilization of rules of civil liability resulting from the competition law’s infringements requires knowing the basis of this liability; especially the analysis of this liability has less background in Iranian law literature compared to many liability compulsory fields.
European :union: Low as one of the leadings systems in the field of competition law was challenging in accepting the civil liability, but exchange of ideas in the precedent of the :union: made instructions for damages resulting from a breach of competition law passed in 2014 more dynamic in terms of rule-making. In this research, the European :union:’s legal system is taken into consideration because of the similarities in law-making with Iranian law, by the author’s and judges views regarding the in the European :union: legal system, are scrutinized.
We have benefited from analysis of civil liability. In European :union: legal system the basis of civil liability is approved with pure liability in civil liability resulting from anti-competitive practices, but in Iranian law, accepting this basis and fault theory is hardly recognized as an accepted unit.
In addition to common principles, deterrence and distributive justice were dealt with as the new foundations where the economic analysis of law is carried out in the civil liability of the competition law’s breach, which have been reviewed as outcome-oriented principles in the two legal systems.
European :union: Low as one of the leadings systems in the field of competition law was challenging in accepting the civil liability, but exchange of ideas in the precedent of the :union: made instructions for damages resulting from a breach of competition law passed in 2014 more dynamic in terms of rule-making. In this research, the European :union:’s legal system is taken into consideration because of the similarities in law-making with Iranian law, by the author’s and judges views regarding the in the European :union: legal system, are scrutinized.
We have benefited from analysis of civil liability. In European :union: legal system the basis of civil liability is approved with pure liability in civil liability resulting from anti-competitive practices, but in Iranian law, accepting this basis and fault theory is hardly recognized as an accepted unit.
In addition to common principles, deterrence and distributive justice were dealt with as the new foundations where the economic analysis of law is carried out in the civil liability of the competition law’s breach, which have been reviewed as outcome-oriented principles in the two legal systems.
Received: 2016/06/28 | Accepted: 2017/01/22 | Published: 2017/02/19
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