Study Iran’s Competition Law Regime by Considering the Prerequisites of Austrian School of Economics

Competition in the free market economy has an important place. Each of the pro-market economic schools, while expressing the advantages of competition, expresses their concerns about its preservation and expansion. Meanwhile, the role of the state in fostering competition and combating anti-competitive practices such as monopoly and cartel has been the focus of each of the schools of thought. In a way that each praising the role of the government and in particular the rights of competition, in accordance with its own intellectual paradigm and demands government oversight and intervention in the market to maintain competition or denounces the role of government and calls for government non-interference in the market process. The Iranian legal system did not have clear rules on regulating the competition until the adoption of Principle 44 of the Law on Implementation of General Policies. With the passage of this law, numerous groups of conduct were considered as disruptive to competition and banned. It is also the responsibility of the government to maintain market competition. However, according to the Austrian School of Economics , the government itself is a major monopolist and cannot intervene in the market under the pretext of protecting competition and demanding much competition by imposing competition rights. This article examines the said law from the Austrian School of Economics point of view and demonstrates its inefficiency.

کلیدواژه ها:

Competition Law ، Austrian School of Economics ، Market Process ، Government ، Law on Implementation of General Policies Principle 44