Concerted Practice in Competition Law (Comparative Study in Iranian and EU Law)

Collusion between economic enterprises can be realized as a contract or an agreement. In addition, it is possible to realize collusion by expressing the intentions of the parties or by exchanging information regardings the business of the enterprises. This mode of behavior of competitors is termed “concerted practice.” Competition law not only needs to deal with contracts, but also needs to create a mechanism to deal with such arrangements, in order to be able to support the competition. the main question of the present research is whether the realization of concerted practice is subject to the disclosure of the intentions of the enterprises and the communication between them? The hypothesis is that without revealing the intentions and the connectivity between enterprise, the concerted practice is not realized. The research method is analytical and is based on library research; In the analysis of the above mentioned question, the iranian law and the European Union law have also been discussed.