نوع مقاله : علمی پژوهشی
نویسنده
گروه حقوق، دانشکده علوم انسانی، دانشگاه مهر البرز، تهران، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
Businesses are always looking for specific business advantages so that they can outperform their business competitors. Acquiring and using a commercial advantage is not in compatible with competition law; however, if competitors' access to such advantage results in their withdrawal from the market, then the theory of essential facilities would limit the right of the holder of these benefits and allow access to the competitors. However, such theories have not yet come to the consensus of experts and are in many ways controversial. About this theory, on the one hand, it is legally questionable whether the right to property and the contractual freedom of the holders of such facilities can be restricted to such an extent that they would be obliged to transfer the facilities to commercial competitors. In addition, the economically, efficiency of the theory and its role in protecting consumers is debated. In short, it seems possible to limit the principle of contractual freedom and the right of property on the basis of public interest, and from an economic point of view, this theory could be effective in promoting market competition and consumer protection.
Key words: Competition Law, Essential Facilities Theory, Prohibition of Monopoly, Abuse of Dominant Position
کلیدواژهها [English]
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