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
  1. Abilities of the individual, Hassan, Anatomy of Economics, Electronic Publishing and Informing the World of Computer, Second Edition, 2007.
  2. Administrative Law, Publication of the Seventh, 17, 2011.
  3. Aladdin, Amir Hossein, Competition Law in the Mirror of Legislative Developments, Majd Publications, First Edition, 2012.
  4. Armentano, Dominick T., Antitrust ;The Case For Repeal, Ludwig von Mises Institute, 2007.
  5. Broder,Douglas” S. Antitrust Law and Enforcement “ Oxford University Press, 2010.
  6. Dawar, Kamala and Holmes, Peter (2011) Competition Policy. In: Preferential Trade Agreement Policies for Development: A Handbook. World Bank. ISBN 978-0-8213-8643-9
  7. Forrester, Ian S., Due process in EC competition cases: A distinguished institution with flawed procedures, White & Case LLP, December 2009
  8. Ganglmair, Bernhard and Gunster, Andrea, Separation of Powers: The Case of Antitrust, May 15, 2011.
  9. Ghaffari Farsani, Behnam, Civil Procedure Guarantee, Violation of Competition Law Rules, Dr. Mahmoud Bagheri's Guide, Ph.D., Faculty of Law and Political Science, University of Tehran, May 2011.
  10. ICC Commission on Competition, Due process in EU antitrust proceedings, Document No. 225/667 – 8 March 2010.
  11. International Competition Network (ICN), Competition Advocacy In Regulated Sectors: Examples Of Success, April 2004.
  12. International Competition Network, Agency Effectiveness Project, Kyoto, Japan, April 2008.
  13. Judge, Seyyed Abolfazl, Basic Law and Political Institutions, Publishing, Twelfth Edition, Winter 2004, p. 37.
  14. Judge, Yadollah, Public Finance and Government Economy, Research Institute of Economics, Tarbiat Modarres University, Second Edition, 2005.
  15. Kamarkhani, Days, Government Responsibility in the Law of Internal and International Competition, Master's Degree in International Economic Law, University of Tehran, Dr. Jafar Nouri, October 2013
  16. Khemani ,R .Shyam, objectives of competition policy, A Framework For The Design And Implementation Of Competition Law And Policy. Available at: http://www.oecd.org/daf/competition/prosecutionandlawenforcement/27122227.pdf
  17. Khodadad Kashi, Farhad and Shahi Tash, Mohammad Nabi, The scope and scope of competition law according to the economic structure (Case Study of Iran), Journal of Law and Policy Research.
  18. Khosravi, Hasan, Basic Law 1, Payame Noor Publication, Third Edition, 2009.
  19. Kovacic William E., Hyman David A., Competition Agency Design:What's On The Menu?, Illinois Public Law And Legal Theory Research Papers Series No.13-26, Illinois Public Law And Legal Theory Research Papers No.2012-135, Electronic Copy Avaiable At: http://papers.ssrn.com/abstract=2179279
  20. Kovacic, William E., Rating The Competition Agencies: What Constitutes Good Performance?, George Mason Law Review, 903, Vol 16, Number 4, Spring 2009.
  21. Menns, Kl, Eversley, Decoursey, The Appropriate Design of the CARICOM Competition Commission, Paper presented at the ACLE Conference (Amsterdam), May 20, 2011.
  22. Milberg, William, Trade and Competition Policy, UNDP background paper for Making Global Trade Work for People, New York, 2003.
  23. Muris, Timothy J., Principles For A Successful Competition Agency, Published In University of Chicago Law Review, Vol.72, No.1, Winter2005.
  24. Muris, Timothy J., State Intervention/State Action – A U.S. Perspective, October 24, 2003.
  25. OECD, Judicial Enforcement of Competition Law, 1996.
  26. Peace, Mohammad, Supervision and Balance in the Basic Law System, Drakan Publishing House, Second Edition, Winter 2011.
  27. Rashvand Bokani, Mehdi, Competition Law, Imamie Jurisprudence, Law of Iran and European Union, Imam Sadiq University Press, 2011.
  28. Rothbard, Murray N., Anatomy Of The State, Ludwig von Mises Institute, 2009.
  29. Sadeghi Moghadam, Mohammad Hossein and Behnam Ghaffari Farsani, The Spirit of Competition Law - A Comparative Study on Competition Law Objectives, Journal of Legal Justice, 75, No. 73, Spring 2011.
  30. Sadeghi Yarandi, Seifollah, Tarmasari, Masoud, Descriptive Culture of International Trade and Trade Organization Terms, Institute for Business Studies and Research, First Printing, 2006.
  31. Sadraei Javaheri, Ahmad, Industrial Economics, Industrial Management Organization, 2011
  32. Safai, Seyyed Hossein, General Rules of Contracts, Publishing, 2011.
  33. Samavati, Heshmatollah, Introduction to Commercial Competition Law and its Role in Market Policy and Regulation, Tehran, Iran.
  34. Tabatabaee Motameni, Manouchehr, Public Freedom and Human Rights, Tehran University Press, Fifth Edition, 2011.
  35. Tarullo, Daniel K., Competition Policy For Global Markets, Oxford University Press, Journal of International Economic Law (1999).
  36. Trebilcock, Michael J., Edward M. Iacobucci, Designing Competition Law Institutions, World Competition, 2002.
  37. United States Department of Justice Agencies, available at http://www.justice.gov/agencies/index-list.html.
  38. UNTAD, Model Law On Competition, New York and Geneva, 2007.
  39. Vakili Moghaddam, Mohammad Hassan, Anti-Competition Agreement, Tehran, Book Publishing All with the publication of the publication, 2010
  40. Weber Waller, Spencer, The Next Generation Of Competition Law, Loyola University Chicago School Of Law, Electronic Copy Available At: http://ssrn.com/abstract=2028014
  41. Working Group on the Interaction between Trade and Competition Policy, The Fundamental Principles Of Competition Policy, WT/WGTCP/W/127, 7 June 1999.
  42. Yousefi, Salah, Competition Law in the Insurance Industry, Master's Thesis for International Commercial Economic Rights by Mahmoud Bagheri, Faculty of Law and Political Science, University of Tehran, Oct 2014.