Competition Law in Iran and it`s Developments in the Light of the General Policies of Article 44 of the Constitution

Document Type : Technical-Scientific

Authors

1 PhD in Private Law, Science and Research Branch of Islamic Azad University

2 Assistant Professor of Law Faculty at Shiraz Islamic Azad University

Abstract

Although there is a controversy over the government involvement in the economy, it seems to be inevitable; because, by leaving the economy to the market without any supervision, we will not be able to attain the increase in efficiency, consumer convenience, and balance with the deficits in distribution, allocation, stabilization, and legislation. However, these interferences should not be so much that might lead to the government administration. Therefore, the government tries to regulate the behavior of agencies, and supervise the market. Considering this, the rules of competition law have its own special importance, and act as a main instrument to pursue the competitive policies of government along with the other instruments. The anti-competitive approaches include conspiracy, misuse of economic power, etc., and employing competition restrictive methods, like agreements on price stabilization, selling product or service with reward, and ending the abusing relationships and discriminatory attitudes. In our country, like advanced countries, after a long delay on the implementation of Article 41 of the fourth development program law,  modification of some items of the fourth development program code has been ratified. Its ninth chapter is dedicated to the rules of competition law. Despite some positive points, it suffers some defects. Explaining rules on competition in Iran, whether before or after the developments resulting from general policies of article 44, this article through a comparative study of such regulations in some countries, deals with the positive and negative points of competition rules in chapter nine of the code.  

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