Commercial Surveys

Commercial Surveys

Competition law and Market regulatory; Investigating and Identifying the Factors Affecting the Facilitation of Competition and the Prohibition of Monopolies in the Public Utilities

Document Type : operational

Authors
Morteza Asgharnia 1
Arman Ahmadizad 2
Rozhin Farhadi 3
1 PhD, Public Law, University of Tehran, Tehran, Iran
2 , Assistant Professor, Business Administration, University of Kurdistan, Sanandaj, Iran
3 Masters of Business Administration, University of Kurdistan, Sanandaj, Iran
10.22034/bs.2022.554197.2552
Abstract
Today, given the various developments in the field of the rule of legal states, the proposition that improving the state of economic competition in any political society requires the existence of cultural, economic, social and political conditions is undeniable and inviolable. With this explanation, it is necessary In addition to paying special attention to the four factors mentioned in the study of economic competition in each of the political societies, to identify the factors affecting the facilitation of competition and the prohibition of monopoly. Therefore, in this study, while utilizing the research tools of observation and interviews from systematic literature reviews with the aim of studying in the field of economic competition to examine these very important and effective factors in facilitating competition and preventing monopolies in the public service industry used. According to the findings of the research in this article, The most important factors affecting the facilitation of competition and prohibition of monopoly in public service industries can be in the form of 10 separate groups included: The existence of competition protection and regulatory institutions, the existence of policy-making institutions, The existence of planning institutions in the field of competition, Approving laws and setting regulations in the field of competition and market regulation, Predicting the guarantee of effective and efficient executions, Guaranteeing the structural and financial independence of competition protection and regulatory institutions, Applying appropriate supervision by competition protection and regulatory institutions, Paying attention to time and place factors in regulating and setting regulations in the field of competition, The serious determination and powerful will of the trustees of competition protection and regulatory institutions in dealing with anti-competitive actions and procedures, The institutionalization of the culture of competitiveness in the society and the internal commitment of the market players to comply with healthy and fair competition divided and classified. Therefore, if there is a maximum of the factors identified in this research in each competition law system, one can witness the emergence of healthy and fair competition in the market, reducing the anti-competitive actions and procedures of market players, increasing efficiency, optimal allocation of resources and increasing the level of social welfare. It was citizens. In Iran's competition law system, which has actually gained a new form and consistency with the approval of the Law on the Implementation of General Policies of Article 44 of the Constitution approved in 2010, Under the ninth chapter titled "Facilitating Competition and Prohibiting Monopoly" some of these pioneering and important factors in the field of facilitating competition and prohibiting monopoly have been sporadically mentioned. due to their lack of comprehensiveness and lack of adopting a systematic and holistic approach to the category of economic competition and market regulation, it needs to be revised based on the findings and solutions presented in this research.
Keywords
Competition Law / Regulation / Facilitation of Competition / Prohibition of Monopolies / Public Utilities
 
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Commercial Surveys
Volume 21, Issue 119 - Serial Number 119
May and June 2023
Pages 45-74

  • Receive Date 21 May 2022
  • Revise Date 17 July 2022
  • Accept Date 21 August 2022