Journal of Research and Development in Comparative Law

Journal of Research and Development in Comparative Law

Legal and Structural Analysis of the Supervisory Authority in Implementing Competitive Policy (comparative study: Iran and U.S.A)

Document Type : scientific research paper

Authors
Mohammad Javad Heydarian Dolatabadi 1
Ehsan Aliakbari Babukani 2
1 PhD student in International Law, Kharazmi University, Tehran, Iran
2 Associate Professor, University of Isfahan, Isfahan, Iran
10.22034/law.2024.2035389.1413
Abstract
Competition law is a newcomer to the legal system recently. A sound understanding of competition policy can provide us with sufficient bases to apply a fundamental and normative view of the issues of competition law. The difference in supervision and regulation determines how the market functions and in order to understand this difference one must understand competition policy. Competition policy may be based on governmental support for national production and industry or on a non-interventional and regulatory posture. Moreover, supervision, based on the principle of non-intervention in the market mechanism, is rooted in liberal ideas; however, regulation, whether as a rule or an exception, is based on the assertion that the market has been ineffective in attaining its goals. Therefore, the government will resort to interventions to regulate inefficiencies.  This paper aims to analyze Supervisory Authority in Implementing Competitive Policy by employing the description method. In this article the author tries to first delineate competition policy, its related requirements and imposed deviations to the market. Then, by defining the supervisory entity and clarifying its distinction from the regulatory institutions, the author considers the characteristics of an appropriate supervisory entity conducting a comparative study of this issue in Iran and the U.S.A. This form of Competition policy because of its applicable experiences which have been well described by recent scholarship is considered suitable for the native system.
Keywords
Competition policy
Competition Law
Competition Supervisory Authority
Regulatory Body
Administrative Police
comparative study

Subjects

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