Competition Authorities and the Modification of Proposed Mergers (With Emphasis on Issues of Intellectual Property Domain)

Mergers have always raised competition concerns and competition authorities have tried to prevent anticompetitive practices made through them. One of the most efficient methods is designing a framework to primary evaluation of proposed mergers and striking a balance through the validation of mergers...

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Bibliographic Details
Main Author: Ebrahim Rahbari
Format: Article
Language:fas
Published: Allameh Tabataba'i University Press 2019-02-01
Series:Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī
Subjects:
Online Access:https://jplr.atu.ac.ir/article_9481_6cf19a281fce5d13fdc2bf0ef5f971cc.pdf
Description
Summary:Mergers have always raised competition concerns and competition authorities have tried to prevent anticompetitive practices made through them. One of the most efficient methods is designing a framework to primary evaluation of proposed mergers and striking a balance through the validation of mergers by employing structural and conduct remedies. In IP domain, the mentioned measures in the light of particular matters of such field, come to assist competition authorities in order to modify the mergers in waiting period and provide a proper chance in utilizing the potentials of the mergers in promoting innovation and technology development. By analyzing the solutions proposed by US and EU law, this research aims to examine different types of remedies relevant to proposed mergers and clarify their efficiency, challenges and developments in IP field. This article also tries to regulate and justify the process of validation the proposed mergers subject to some conditions by making an interpretation on existing legal rules contained in Iranian laws.
ISSN:2345-3583
2476-6232