نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانش آموخته دکتری حقوق خصوصی دانشگاه شهید بهشتی ، تهران ، ایران
2 دانشیار دانشکده حقوق دانشگاه شهید بهشتی
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Restriction of supply by the upstream economic firm has always been one of the controversial issues in the field of competition law. These restrictions are suspected to have favorable and unfavorable effects on the environment of competition, technology, and innovation, which makes it very difficult to evaluate the competitive consequences according to Iran's economic conditions and requires the intervention of competition law. The process of evaluating the issue in the competition law ofU.S andthe European Union is based on clear criteria and special provisions, taking into account the specific standards of the intellectual property system but the competitive framework of these restrictions in Iran law, especially in the field of technology and innovation, is still not clear due to incomplete and ambiguous regulations and inefficient judicial procedure. This article tries to analyze the position of Iran's competition law by studying the approaches of the U.S. and European Union legal systems. The comparative study of the issue in the U.S. and European legal systems shows that the competitive fate of this restrictive procedure is usually determined by considering the structure of the innovation and technology market, the reaction of supply , In Iran's competition law, the legislator does not have a comprehensive opinion on these restrictions has been only prohibited from limiting the amount of supply. So, it is suggested to amend the legal regulations by considering the interests of competitive markets to create a balance between maintaining competition in the market and the continuation of creative activity
کلیدواژهها [English]