Analysis of powers of competition council in terminating contracts due to abuse of dominant position

Articles in Press

Document Type : Original Article

Authors

1 PhD student in private law, Sari Branch, Islamic Azad University, Sari, Iran

2 Assistant Professor, Department of Private Law, Faculty of Law and Political Science, University of Mazandaran, Babolsar, Iran

10.22034/mral.2023.2004553.1482

Abstract

Competition in trade is the cause of economic growth and is considered as one of the principles of economic development in countries and it leads to commercial success,which has caused the creation of laws under the title of commercial competition rules by the legislator.One of the main topics of competition law is the abuse of a dominant position.Contemplation among different legal and criminal laws indicates the existence of many legal articles that are charged to the wrongful company or manager according to the type of crime or violation. In the current research,the limits of the powers of thecompetition council in terminating the contracts that are based on the dominant position and everything related to the abuse of the dominant position are examined in order to clarify the guarantee of the implementation of the abuse of the dominant position compared to the contracts concluded based on the powers of the competition council.How is that?Are such contracts can be terminated or not and who are the beneficiaries of such claims?Finally, in which authority can the appeal against the decisions of the competition council be made in terminating the contract?Through the investigation,it was found that the competition council has the authority to terminate the contract in different ways and regarding the possibility of appealing the decision of the competition council, it should be acknowledged that the decision issued by the appeals board of the competition council can be contested and finally as an administrative decision can be contested in the court of justice.

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The Journal of Modern Research on Administrative Law

Articles in Press, Accepted Manuscript
Available Online from 28 September 2023

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History

  • Receive Date: 12 June 2023
  • Revise Date: 26 September 2023
  • Accept Date: 28 September 2023

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