Regulatory body

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.

Abstract By regulating the general policies of Article 44 of the Constitution law, downstream oil and gas industries were handed over to the private sector. Bunkering industry or supplying fuel to the ships is identified as one of the downstream industries of oil and gas. Despite having opportunities, such as abundant sources of high-quality fuel, Iran has not been able to play a key role in bunkering industry in the Persian Gulf. Notwithstanding the emphasis of the laws on supporting the private sector, many of the policies have problems in implementation. Expanding the activity of the private sector by analyzing the necessity of creating an independent regulatory body, that will follow single governance at the same time as removing government monopolies is the main goal of this research. The findings of the research show that the bunkering value chain is still under the control of the government, and regulation in the bunkering industry should be done with an integrated and supportive approach with the participation of organizations related to this industry and private sector activists.