reza khosnodi; seyed ali reza shokohiyan; reza alipour
Volume 7, Issue 1 , December 2018, , Pages 49-62
Abstract
In the field of competition law, concept and range of loss can analys with different views. One of this views is that damages should be arise from anti-competitive conduct. Next one is the range of the compensable damages, which is very important; because occurs in the context of market. Nevertheless, ...
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In the field of competition law, concept and range of loss can analys with different views. One of this views is that damages should be arise from anti-competitive conduct. Next one is the range of the compensable damages, which is very important; because occurs in the context of market. Nevertheless, with theoretical view and the basis of general principle, all of the damages should be compensated, but it is not completely observed in practice and some of losses remain uncompensated; whether because their occurance context or some prevents or exemptions that arises from regulations and competition policies. Moreover, separation of direct losses from indirect losses and situation of victim, plays an important role in determination of compensable losses range. Also, in analyzing the losses that arises from anti-competitive conducts, judge should apply the approach that is more compatible with actual position and can determins the range of related market and consequently the losses which occured; because we deal with market in competition law. Then, for analyzing the related markets, it is necessary to pay attention to »related product market«, »geographic market« and »temporal market«. Moreover, in analyzing the losses, it is necessary to spend more attention to traditional approaches like»before-and-after approach«and» yardstick or benchmark approach«and new approaches like »comparator-based approach«, »financial-analysis based approach«and»market-structure-based approach«.
