نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسنده English
The status of the non-compete agreement has always been disputed from the point of view of the rules of competition law. In this article, after explaining the concept, validity conditions and the general position of the non-competition agreement, it analyzes the type of approach of American, European Union and Iranian laws towards this contract. A comparative study tells about the shortcomings, gaps and unprincipled approaches of the competition regulations of our country towards such agreements. Another type of vertical agreement is the linking arrangement. In general, this type of contract is concluded when a franchisor needs a franchisee to sell or rent his goods or services, provided that the franchisee must buy another product along with the original product. The desired product that the franchisee has to buy is called a linked product. The relationship between the two products is different. Two or more products can be complementary or unrelated. One case is that these products together represent an economic unit. In this case, even if these two products are physically different from each other, they are considered the same product and, accordingly, are not included under the title of linked product in anti-competitive laws. Products must have two separate marketable benefits to fall under antitrust law. Another case is that the use of the affiliate product is bundled with the original product, such as selling ink with a printer. The third case is that the products may be used together, but, in addition, each of them can be used separately. An example for this situation is the sale of seeds along with fertilizer. In the fourth case, the goods are either independent of each other or substitute goods. For example, a product franchisor needs a salesperson or franchisee to buy two similar products or to buy, for example, a radio along with a dishwasher. All four relationships above, except for having a single economic nature, can have anti-competitive results.
کلیدواژهها English