Competitive analysis of exclusive transactions in vertical agreements (Comparative study in American, European Union and Iranian law)

Document Type : Academicm and Research

Authors

1 Associate Professor, Department of Private Law, Faculty of Law, Shahid Beheshti University, Tehran

2 Ph.D. in Private Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran

3 Lecturer at University of Judicial Sciences, and Administrative Services, Tehran, Iran

10.22091/csiw.2025.11482.2601

Abstract

As one of the most important vertical restrictions with specific features, exclusive transactions significantly affect competition and consumer welfare in product, technologyand innovation markets. Due to their anti-competitive consequences, these restrictive procedures are among the challenging issues in the field of competition law. Therefore, this article seeks an answer to the question of whether exclusive transactions necessarily violate competition law or imply favorable economic and competitive consequences. In the present article, an attempt has been made to analyze the position of Iran's competition law by studying the legal approaches of the US and the European Union while explaining the position of exclusive transactions in non-competitive relationships in the three markets of products, technologyand innovation, using a descriptive and analytical way. findings of the comparative study show that this restrictive procedure in the competition laws of US & the European Union is evaluated by the new situation in the field of innovation and technology according to certain criteria and the rule of reason is usually applied to evaluate these limitations and rule of absolute prohibition is used only in exceptional cases and in the case that exclusive transactions are seriously disruptive to competition, in Iran's competition laws, there is no explicit reference to it and the dimensions of these restrictions are unclear, these restrictions can be briefly inferred from several clauses of Article 45 of the Law on Implementing General Policies of Principle (44) of the Constitution. it is suggested to amend the legal provisions and develop the exemption regulations .

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Comparative Studies on Islamic and Western Law

Articles in Press, Accepted Manuscript
Available Online from 18 February 2025

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