Journal of Comparative Law

Journal of Comparative Law

A Comparative Study of Criteria and Strategies of Optimal Enforcement in Competition Law with Emphasis on its Place in the Law of Iran

Document Type : Research Article

Author
Assistant Professor, Department of Law, Faculty of Humanities, Hazrat Masoumeh University, Qom, Iran
Abstract
According to the competition law of Iran, antitrust violations should be punished by optimal sanctions. Nevertheless, there are a lot of missing elements for optimizing enforcement of law. This article considers the meaning of the optimal enforcement as a theory and outlines the basics. The reasoning behind the theory is based on the logic of deterrence and economic incentives of violation. This viewpoint emphasizes on the optimal oriented mechanisms and incentives to commit violations. the optimal enforcement serves the theory of deterrence and distinguishes non legal sanctions.
The findings of the article, with comparative study confirm the benefits and necessity of optimal enforcement theory in competition law. optimizing the law of enforcement improves the efficiency of law and is compatible with the economic basics of competition law. As a result, it is safe to say contrary to the current approach, this theory should be approved in the law of Iran.
Keywords

A) Books and Articles
Breit, William and Elzianga Kenneth. “The Instruments of Antitrust Enforcement.” Emory Law Journal 23 (1974).
Crane, Daniel. “Optimizing Private Antitrust Enforcement.” Vanderbilt Law Review 63, no. 3 (2010).
ECA (European Competition Authorities). “Working Group on Pecuniary Sanctions Imposed on Undertakings for Infringements of Antitrust law, Principles for Convergence.” Accessed June 1, 2021. http://www.autoritedelaconcurrence.fr/doc/eca _principles_uk.pdf
Habiba, S. Vakili Moghadam, M.h, “Anti-Competitive Agreements between Producers and Distributors”, Journal of Legal Studies 6, No.3 (2014). [In Persian]. 
Heimler, Alberto and Mehta Kirtikumer. “Violations of Antitrust Provisions: the Optimal Level of Fines for Achieving Deterrence.” World Competition 35 (2012).
Huschhelrath, Kai. “Public and Private Enforcement of Competition Law.” CCP Working Paper, No. 13-5 (2013).
Hylton Keith and Hai Zhen Lin. “Optimal Antitrust Enforcement Dynamic Competition and Changing Economic Conditions.” Antitrust Law Journal 77 (2010).
Hylton, Keith and Hai Zhen Lin. “Innovation and Optimal Punishment, with Antitrust Applications.” Journal of Competition Law & Economics 10, no. 1 (2013).
Hylton, Keith. Antitrust law, New York: Cambridge, 2003.
Juska, Zygimantas. “The Effectiveness of Private Enforcement and Class Actions to Secure Antitrust Enforcement.” the Antitrust Bulletin 62, no.3 (2017).
Lande, Robert and Joshua Davis. “Comparative Deterrence from Private Enforcement and Criminal Enforcement of the U.S Antitrust Law.” Brigham Young University Law Review 35, (2013).
Lande, William “Optimal Sanctions for Antitrust Violations.” the University of Chicago Law Review 50 (1983).
Lianos, Jenny and David Wagner. “An optimal and Just Financial Penalties System for Infringements of Competition Law, a Comparative Analysis.” CLES Research Paper Series 3/104, (2014).
Melamed, Douglas. “Antitrust as Law Enforcement.” Antitrust Law Journal 27 (2012).
Meyer, Ken. “Optimal Remedies for Anticompetitive Mergers.” Antitrust Law Journal 32 (2012).
Motchenkova, Evgenia. “Optimal Enforcement of Competition Law.” Center for Economic Research (2005).
Page, William. “Optimal Antitrust Penalties and Competitors Injury.” Michigan Law Review 88 (1990).
 
Rahbari, E. “An Analysis and Critic on the Aspects of Competition Remedies and Sanctions in Intellectual Property Domain”, Legal Research Quarterly21, No. 83 (2018). [In Persian]. 
Rahbari, E. “Comparative Analysis on the Role of Financial Fines in Enforcement of Competition Rules”, Comparative Law Review 6, No. 1 (2015). [In Persian]. 
Rahbari, E. “The Competitive Situation and Validity of Noncompetition Agreement: Comparative Study on U.S, E.U and Iranian Law”, Journal of Legal Studies7, No. 4 (2016). [In Persian]. 
Renda, Andre. “Making Antitrust Damages Actions More Effective in the EU: Welfare Impact and Potential Scenarios.” Report for the European Commission Contract, DG Comp/2006/A3 102 (2007).
Vakili Moghadam, M.H. “Comparative Analysis of Anti-Competition Conducts Evaluation Criteria -Emphasis on Iranian Law”, Private Law 16, No.2 (2019). [In Persian].
Vakili Moghadam, M.H. Anti-Competitive Agreements, Tehran: Mizan, 2008. [In Persian].
Wickelgren, Abraham. “Determining the Optimal Antitrust Standard.” Southern California Law Review 58 (2012).
Wils, Wouter. “Optimal Antitrust Fines: Theory and Practice.” World Competition 29, no. 2 (2006).
Wils, Wouter. Principles of European Antitrust Enforcement, London: Hart Publishing, 2005.
Yavari, A. “An introduction to concept of legal regulation”, Comparative Law Review 5, No. 2(2014).
 
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