Document Type : Article

Authors

1 Assistant Prof. Department of Financial – Economic law, South Tehran Branch, Islamic Azad University, Tehran, Iran

2 Assistant Prof. of Law, Azad University , Pardis, Iran

Abstract

Governments set the main goals of their economic system on encouraging people to engage in economic activity and use resources fairly, but the achievement of these goals has been hampered by the formal and substantive shortcomings of private law in the field of contracts. Legal systems use competition law as a public and regulatory tool to respond to these shortcomings, relying on theories of justice at various levels from the constitution to statutory law, so that minimal government intervention leads to efficiency and optimal resource allocation. This article uses descriptive-analytical methodology to answer existing questions about the approach of the legal system governing competition law based on theories of justice and examines the change of approaches based on theories of justice in the Iranian legal system.

Keywords

  1. English

    1. A) Books
    2. Dabbah, Maher M (2007),Competition Law and Policy in the Middle East, New York, Cambridge University Press.
    3. Dunne, N (2015), Competition Law And Economic Regulation: Making and Managing Markets, 1th ed, Cambridge University Press.
    4. Fred E. Foldvary (1995), public goods and private communities :The market provision of social services, Bookfields,VT:Avebury
    5. Furse, Mark (2008), Commpetition Law of the EU and UK, Oxford,
    6. Harris, PH (2007), An Introduction to Law, 7th ed, Cambridge University Press; UK.
    7. Oxford University Press, 6 Ed.
    8. Rawls , J (2005), A Theory of Justice , Oxford university press.
    9. Veljanovski, Cento G (2006), Economic principles of law, Cambridge University Press.
    10. Whish, R & Bailey, D (2012), Competition Law, 7th ed, Oxford University Press.

     

    1. B) Articles
    2. Deutsches Pisa-Konosortium (2000), "Bassiskompetenzen von Schulerinnen und Schulern im international Vergleich", Available from http://www.pisa.oecd.org/NatReports/Pisa2000/Germanynatrepshortversion.pdf
    3. Gerber, David J (2004), ″Fairness in Competition Law: European and U.S. Experience″, Prepared for Presentation at a Conference on Fairness and Asian Competition Laws, Kyoto, Japan; Avialable at: http://www.kyotogakuen.ac.jp/o_ied/information/ fairness_in_competition_law.pdf
    4. Gerbandy, Anna (2019), 'Rethinking Competition Law Within The European Economic Constitution" , Journal of Common Market Studies , Vol. 57, Issue 1, pp.4-42.
    5. Green, Ofer (2008), "Integration of Non-Efficiency Objectives in Competition Law," A ThesisSubmitted In Conformity with the Requirements for the Degree of Master of Laws, Faculty of Law, University of Toronto.
    6. Hoekan, Bernard & Mavrodis, Petros C (2002)," Economic Development, Competition Policy and the WTO", World Bank Policy Research Paper 2917, pp. 4-56.
    7. Clark, John Maurice (2006), "Towards a Concept of Workable Competition", European Law Journal, Vol. 12, pp. 630-750.
    8. Nozick R (1975), "social Costs of Monopoly". Journal of Political Economy.
    9. Schweitzer H (2007), "The European competition law enforcement system and evaluation of judicial review". Available via European University Institute. http://www.eui.eu/Documents /RSCAS/Research /Competition
    10. Van den Bergh, Roger J. & Camesesca, Peter D, (2001)," European Competition Law and Economics: A Comparative Perspective", Antwerpen, Intersentia, pp.1-27.
    11. Zimmer, D (2012), “The Goals of Competition Law”, ASCOLA Competition Law series, Edward Elgar Publishing; USA.pp.3-35.

     

    References in Persian

    1. A) Books
    2. Ala Al-Dini, Amir Abbas (2012), Competition Law (in the Mirror of Legislative Developments), Tehran: Majd. Ghaffari Farsani, Behnam, (2014), Competition Law and Guarantee of Civil Performances, First Edition, Tehran: Mizan Publishing (In Persian).
    3. Ghaninejad, Musa (1997), Cognitive Knowledge of Economics, Tehran: Al-Pajooh Institute Publications (In Persian).
    4. Clark, Barry (2015), Comparative Political Economy, Translated by Abbas Hatami, Tehran: Kavir Publications (In Persian).
    5. Komijani, Akbar (1995), Analysis on VAT and a preliminary study of its implementation in the Iranian economy, Tehran: Deputy Minister of Economic Affairs, Ministry of Economic Affairs and Finance. (in Persian)
    6. Moazani, Ruhollah (2012), Principles of Public Economic Law, Tehran: Majd (In Persian).
    7. Nili, Massoud (2010), Selected Topics in Political Economy, Lecture Series, Tehran: Question Founder Publications (In Persian).
    8. Qari Seyed Fatemi, Seyed Mohammad (2004), Human Rights in the Contemporary World, Tehran: Beheshti Publications (In Persian).
    9. Rashvand Bukani, Mehdi (2014), Competition Law in Imami Jurisprudence Iranian and European Union Law, Tehran: Tehran University Press (In Persian).
    10. Samavati, Heshmatollah (1995), An Introduction to Commercial Competition Law and Its Role in Market Policy and Regulation, Tehran:Ferdowsi Publications (In Persian).
    11. Renani, Mohsen (2005), Bazaar or Nabazar, Tehran: Program and Budget Organization, first edition (In Persian).

     

    1. B) Articles
    2. Ameri, Faisal (2010), Competition and Development Law, Research Week Special Issue, Year 12, No. 30, pp. 117-152 (In Persian).
    3. Bagheri, Mahmoud & Fallahzadeh, Ali (2009), “Fundamentals of Public Law Competition Law”, Journal of Law and Political Science, Vol. 39, No. 3, pp. 63-81 (In Persian).
    4. Bagheri, Mahmoud (2005), "Market-based economy and shortcomings of private law", Research Journal. Law and Politics, No. 23, pp. 41-89 (In Persian).
    5. Behfar, Maliheh (2009), "Competition Law and Consumer Rights", Chamber of Commerce Quarterly, Shama Rah 7, pp. 4-24 (In Persian).
    6. Cheratian, Iman (2014), "Analysis of the Challenges of the Competition Council", Quarterly Journal of Parliament and Strategy, Vol. 20, No. 73, pp. 67-102 (In Persian).
    7. Fathi, Younes (2013), “Analysis of Economic Law Competition Rules with a Look at Competition Rules in the European Union”, Journal of Public Law, Fifth Year, Nos. 11 & 13, pp. 45-74 (In Persian).
    8. Office of Economic Studies (2005), “The effect of competition law enforcement on competition facilitation”; Competitiveness and standard level of Iran, Deputy of Planning and Economic Affairs of the Ministry of Commerce, registration number 598/85, pp. 45,69, 70 (In Persian).
    9. Ghaffari, Hadi (2004), "The position and role of government in economic systems", Commercial Publishing, No. 35, pp. 45-68 (In Persian).
    10. Hosseini, Shamsuddin & Shafiee, Afsaneh (2007), “Government-Market Interaction and Regulatory Approach in Iranian Economy”, Quarterly Journal of Economic Research and Policy, No. 43, pp. 25-60 (In Persian).
    11. Malmiri Center, Ahmad (2011), “Reflections on the Boundaries of Policy and Legislation (Case Study of the Provisions of the Fifth Development Plan Law in the Field of Culture”, Parliament and Research, Vol.18, No. 67, pp. 217-218 (In Persian).
    12. Nowruzi Shams, Meshitollah (2005), “A Look at Competition Law in Several Countries”, Journal of the Faculty of Humanities, Vol. 14, No. 61, pp. 94 -95 (In Persian).
    13. Pajhvyan, Jamshid (2004), "Challenges of the tax system in the Iranian economy", Quarterly (In Persian).
    14. Rostami, Vali & Asghar Nia, Morteza, (2013) “Dispute of Competence between the Competition Council and the Communications Regulatory Commission”, Bi-Quarterly Journal of Judicial Procedure, No. 4 & 5, pp. 99-125 (In Persian).
    15. Sadeghi Moghadam, Mohammad Hassan & Ghaffari, Behnam (2011), “The Spirit of Competition Law (Comparative Study on the Objectives of Competition Law)”, Legal Journal of Justice, Vol. 75, No. 73, pp. 113-146 (In Persian).
    16. Sanei, Mahdieh & Parvin, Khairullah (2020), “Legal Analysis of Government Intervention or Non-Intervention in the Development System in Public Economic Law”, Quarterly Journal of Public Law Studies, Vol. 50, No. 1, pp. 239-254 (In Persian).
    17. Tutunchi Maleki, Saeed (2014), "Unequal Economic Opportunities and Challenges of Competitive Development in Iran", Journal of Parliament and Strategy, No. 65, pp. 67-104 (In Persian).
    18. Zarei, Mohammad Hossein (2004), “The Iranian Legislative System and the Position of the Recognition Assembly; With a reflection on the nature of the rights of the general policies of the system”, Journal of Strategy, No. 34, pp. 320-333 (In Persian).