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

• Hedayatollah Soltani Nezhad Qom University
• Javad Hazeri University of Qom

Palabras clave: Competition law, prohibited vertical agreements, anti-competitive effect, elements of agreement, tangible impact.

Resumen

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.

Citas

ABBOTT, A.F. 2008. Antitrust Analysis of Tying Arrangements and Exclusive Dealing. Economic Research Paper of George Mason University. Available online. In: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1145529. Consultation date: 15/11/2019.

Consolidated Version Of The Treaty On European Union. 2012. Official Journal of the European Union. Available online. In: https://eur-lex.europa.eu/resource.html?uri=cellar:2bf140bf-a3f8-4ab2-b506-fd71826e6da6.0023.02/DOC_1&format=PDF. Consultation date: 12/11/2019.

CONSOLIDATED VERSION OF THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION. 2012. Official Journal of the European Union. Available online. In: https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:12012E/TXT:en:PDF. Consultation date: 12/11/2019.

DOVIES, K. 2003. Understanding European Union Law. Gavendish. London, United Kingdom.

EUR-LEX. 1972. Judgment of the Court of 14 July 1972. - Imperial Chemical Industries Ltd. v Commission of the European Communities. Case 48-69. Available online. In: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A61969CJ0048. Consultation date: 12/11/2019.

EUR-LEX. 1991. Judgment of the Court of 28 February 1991. - Stergios Delimitis v Henninger Bräu AG. - Reference for a preliminary ruling: Oberlandesgericht Frankfurt am Main - Germany. - Competition - Beer supply agreements - Effect on intra-Community trade - Block exemption - Jurisdiction of national courts. - Case C-234/89. Available online. In: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A61989CJ0234. Consultation date: 12/11/2019.

GERBER, D. J. 1998. Law and Competition in twentieth century Europe. Cralerendon Press Oxford. Oxford, United Kingdom.

GHAFFARIFARSANI, B. 2014. Competition Law and Warranties for its Civil Performances. Publishing, First Edition. Tehran, Iran.

GHAMAMI, S; MEHDI, M; ISMAILI, M. 2010. “Comparative Study of the Competition Law System in Iran and France” In: Islamic Law Journal. No. 32, pp. 153-188.

GHOLAMI, S; REZAPOUR, S. 2016. Review of anti-competitive practices and practices in Iranian and European law, Law Enforcement Laws. Majd Publications. Tehran, Iran.

ISLAMIC REPUBLIC OF IRAN. 2004. Law of the Fourth Economic, Social and Cultural Development Plan. Available online. In: http://paris21.org/sites/default/files/2924.pdf. Consultation date: 12/11/2019.

ISLAMIC REPUBLIC OF IRAN. 2008. “Law on Implementation of General Policies of Principle (44) of the constitution” In: Iranian Privatization Organization. Available online. In: http://en.ipo.ir/Law-on-implementation-of-General-Policies-of-Principle(44). Consultation date: 25/11/2019.

JONES, A; SUFRIN, B. 2004. EC Competition Law. 2th edition, Oxford. Textbook on Contract Law. New York, USA.

NASEHI, A. 2015. Legal and Legal Basics of Competition. Majd Publications. Tehran, Iran.

RASHVAND, B.M. 2011. Competition Law in Imamia Jurisprudence, Iranian Law and EU Law. Imam Sadiq University. First Printing. Tehran, Iran.

RITTER, L; BRAUN, D. 2005. European Competition Law. Kluwer Law International. New York, USA.

RODGER, B; MACCULLOCH, A. 2009. Competition Law and Policy in the EC and UK. Routledge. Cavendish, 4th edition. New York, USA.

SADEGHI, T. 2007. “The Principles Governing Commercial Competition Law by Looking at the Legislative Bill” In: Journal of Theology and Law. No. 23, pp. 169- 186.

SHOKOUHI, M. 2002. Competition Law in the European Union; Publishing Printed. Tehran, Iran.

THE CIVIL CODE OF THE ISLAMIC REPUBLIC OF IRAN. 1989. This is an unofficial translation. The Code was last amended on 31 July 2006 (see the most current version in Farsi), but the last amendment included here is dated 29 December 1985. Available online. In: https://www.refworld.org/docid/49997adb27.html. Consultation date: 25/11/2019.

THE CONSTITUTION OF THE ISLAMIC REPUBLIC OF IRAN. 2014. This translation of the Constitution of the Islamic Republic of Iran (1989 Edition) is published in Iranian Studies. Vol. 47, No. 1, pp. 159-200.

VAKILI, M; HUSSEIN, M. 2010. Anti-Competition Agreement. Publishing First Edition. Tehran, Iran.