Comparative Study on "Market Share liability" in Iran Legal System

In the sixties, later the release of estrogenic drugs with various therapeutic purposes, for prevention of abortion, children born of the users of such drugs, got similar cancer, identified as the subsequent use; due to multiplicity of pharmacists and the inability of patients to identify the main manufacturers, they failed to prove damages and compensations against the principal makers in the first stage on the basis of traditional responsibility rules which requires proof of a causal relationship; latter, by use of principle of compensation and doctrine of “Market Share Liability” could lawsuit against the makers related to their market share and compensate their loss. Market share liability first introduced in the case Sin dell v. Abbott Laboratories; similar cases in the courts of the Roman systems like Germany accepted and grew in this period, which covered same legal issues in this area. Due to risk of similar legal disputes, this comparative study would examine market share liability concepts with jurisprudence rules, possible legal solutions in this area of medicals and insurances regulation, offering advanced solutions to probable similar disputes, in competition as well as the equality in comparative view.