دانشنامه حقوق اقتصادی
پیاپی 3 (بهار و تابستان 1392)

This article Identifying the effect of competition law on productivity growth، by using a panel data for developing countries. For this purpose، the dynamic panel models have been used to estimate relationships between variables and، the generalized method of moments (GMM). fixed effects and random effects are estimated. The evidences show that the effect exhibits an asymmetrical pattern depending on the stage of development for each country. For the poor and less developed countries (LDCs) whose institutional frameworks cannot exceed a threshold level، competition law has a very limited effect on changing economic activity، and its legislation is neither harmful nor helpful in terms of market competition or economic growth. As to the developed countries (DCs) and middle-income LDCs، although their institutional frameworks have passed the threshold level، the effect of competition law on growth still depends on the law enforcement efficiency of the government. Without an efficient enforcement scheme، a stronger competition law not only cannot support productivity growth، but might also slow down the potential path of rowth.

Protect the rights of creditor financial and deny the debt and concern the law of debtor، is important to the tradition and the attention of lawgiver and this issue well used from the Quran and habit and scholars fatwas. In the trades in which for escape from the debtor''s debt، specially concerning to change of alter the 218 clause of the civil codes، expressing the opinion and a few of people know that is correct and a few people know it not effective and others know it as invalid things. The present article with the attitude of Ijtihad is in deal with prevent the escape of the debtor''s debt in legal and religion. This article evaluate the jurisprudence-legal this trade and solicit public argument the rule of harmlessly and according to the texts of the rules such as the 40th clause of the constitution، evaluate this subject and injunction of this trade.

In general compliance with competition law and deterrence of forming or joining any anti-competitive conducts are achieved through the deterrent effects of penalties. Nevertheless، full compliance behavior is not observed from all firms. In this paper، we study dynamic enforcement of competition law in a dynamic model of an antitrust and firms and analyze via differential games how efficient is this law. We show that the current monetary penalty legislation seems not to be as efficient in the sense that full compliance behavior does not arise as the long-run steady-state equilibrium of the model. Furthermore، we suggest a penalty regime that depends both on the infringement''s duration and the rate of law enforcement and could totally prevent collusion. This regime is efficient from the point of view of the possibility of complete deterrence of cartel formation in long-run and there is a possibility to achieve the socially desirable outcome، i. e. the outcome with no anti-competitive conduct.

Social Security is due to principles of responsibility that determines legal duties andpenalizes the refusing from them. For a long time، civil responsibility withcompensation for damages which was caused to others was the response to securityneeds; and the dangers that were included in the scope of civil responsibility werelimited to common daily and regular accidents related to natural or legal persons. However nowadays، the evolution of risks and its expansion of scope depicts theincapability of the phrases “accident and civil responsibility” in this sphere. Riskmanagement provides for the necessity of new classification and confronting themas such، in which the separation of risk into accident and catastrophe are along theselines. Examination the definition of catastrophe، and the dramatic change in thehistorical and sociological perspective to it، is the subject of this article، which isdone in the form of comparative study، by utilizing the experience and references offoreign sources; and simultaneously by provision of case studies it also reflects onsome of the solutions for catastrophe compensation in other countries. The result ofthe research shows that distinguishing accidents from catastrophes – havingconsidered the capacities and necessities of sociological، economical، support andinsurance organizations – can result in the efficient compensation of the hugedangers which face the society; and can be effective in the provision of individualand social security and fair division of risks.

Theoretically there are two views concerning how to deal with international insolvency. The first and the international view asserts the court of each country is merely responsible for the property of the debtor which is within its domain. In contrast، the idealistic world-wide contends that the only solution to the plight of international financial is to have a court deal with the issue with the rule of one law. These two views have merged and culminated in “Cooperative territoriality” that seems to meet our needs. Finally we can say all attempts in this direction have been initiated by scholars in developed countries and theoretical arguments and practical measures can serve their interest to a greater extent.

The debate over the discriminatory contracts is one of the highly contentious subjects of the competition law in various legal systems. In these contracts the contracting firm، in similar circumstances، unduly discriminates between other contracting parties with respect to the price or the contractual conditions and charge different prices and conditions for the same products. One of the most controversial topics is the scope of the prohibition of discrimination: should we regard all kinds of discriminatory contracts anticompetitive and illegal? Are there any exemptions from the prohibition of discrimination? If there are such exemptions، then what is the criterion for distinction between the anticompetitive instances and legitimate ones? Furthermore، the subject of the appropriate legal sanctions against illegal discriminatory practices is one of the considerable issues that need adequate analysis. In this article، the comparative study of the Iranian، E. U. and U. S. competition law in the field is in order and we suggest some amendments in the Iranian statute to make it more compatible with the theoretical and practical exigencies of the field.