scholarly journals Constituent elements of prohibited vertical agreements in the competition law of Iran and the European Union

2020 ◽  
Vol 38 (Especial II) ◽  
pp. 378-395
Author(s):  
Hedayatollah Soltani Nezhad ◽  
Javad Hazeri
Keyword(s):  
European Union ◽  
Competition Law ◽  
Longitudinal Direction ◽  
The European Union ◽  
Bottom Up ◽  
The Law ◽  
Constituent Elements ◽  
Union Competition

The objective of the investigation is to analyze the constituent elements of vertical agreements prohibited by Iran's competition law, in accordance with Chapter IX of the Law on the Implementation of General Policies and in accordance with Article 44 of the Constitution and, as set out in European Union competition law, Article 101 of the Treaty on the Functioning of the European Union. By vertical agreements it can be said that one of the types of agreements is wanted in the competition law. Any reference between natural or legal persons in the longitudinal direction (whether top to bottom or bottom up) that is not close to the consumer's interest is agreed. These agreements may include free clauses that are not compatible with the objectives of competition law. Methodologically, this is a documentary research close to comparative and legal hermeneutics. It is concluded that, to prohibit vertical agreements, they need to have the anti-competitive object or effect and also have a tangible impact on the closure of competition on the market.

scholarly journals CARTEL AGREEMENTS

World Science ◽  
2020 ◽  
Vol 2 (1(53)) ◽  
pp. 22-27
Author(s):  
Paata Phutkaradze
Keyword(s):  
European Union ◽  
Competition Law ◽  
The State ◽  
The European Union ◽  
Member States ◽  
Union Competition

This article points out the aim and purpose of the competition law in the European Union. Competition law is one of the most crucial and essential part of law that has to be implemented properly to support and ensure smooth functioning of the economy in the state. At the same time, brief explanation of the most anticompetitive agreements such as called “Cartel Agreements” are being described in the article. It is worth to point out the most important and restrictive types of agreements in details that can be seen on the market and within the European Union, that definitely needs special attention by the relevant competition authorities of the Member States.

Overview of latest amendmentsto the competition law of Germany

2018 ◽  
pp. 70-76
Author(s):  
D. .. Chukurov ◽  
N. .. Kobadze
Keyword(s):  
European Union ◽  
Competition Law ◽  
The European Union ◽  
Practical Application ◽  
Market Conditions ◽  
The Past ◽  
The World ◽  
The Law ◽  
Legal Consequences

Over the past 20 years, the Act against Restraints of Competition in Germany has been repeatedly adapted to changing market conditions. In particular, the guidance from the European Union has led to extensive reforms. This article is dedicated to the ninth and most recent amendment dated 09.03.2017, which was accompanied by a vivid politi- cal debate. The amendment is primarily a response to the progressive digitalization of markets. Thus, the competition law of Germany becomes the first regime in the world to provide rules for the digital economy.In addition, the amendment provides for significant changes regarding the imposition of antitrust penalties, actions for damages and ministerial approval of mergers. In the case of damages claims, the reason for the amendment was the transposition of European Direc- tive No. 2014/104/EU. Generally, the legislator addressed the shortcomings, which arose during the practical application of the law. This article provides an overview of the signifi- cant modifications to the Act against Restraints of Competition in Germany, in view of its latest amendment, and considers the legal consequences of those modifications.

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