Types of Guarantees for the Fulfillment of Negative Obligations of Competition Law in the Law of Iran and the European Union

Maintaining the security and dynamism of competitive markets is a necessity and to ensure and maintain this situation, special rules and measures are needed with powerful and effective tools, which are collectively called competition law. The need to implement these regulations and ensure their success requires that competition law is backed by a guarantee of efficient, reasonable and effective performance in order to provide compensation for the victims, especially consumers, by anticipating the contractual, non-contractual and criminal responsibilities of violators in this field. There are many questions in this regard; including whether competition law guarantees effective performances and what kind of performance guarantees are included. Assuming the existence of various types of performance guarantees and referring to the most important domestic and foreign sources and considering the current situation, this article analyzes, reviews and critiques the types of performance guarantees in Iran only in the area of negative liabilities of commercial enterprises and compares it with EU and US law to clear up ambiguities and take advantage of the strengths of other legal systems. Chapter 9 of the Law on the Implementation of Article 44 of the Constitution provides for the guarantee of special and joint performances in order to establish competition and prevent anti-competitive actions due to the importance and beneficial effects that performance guarantees can have, as well as the shortcomings and shortcomings of this part of the law, it seems necessary to pay attention to it.