Evaluating the Objectives and Enforcement of Iranian Competition Law in Light of the EU’s “More Economic Approach”

Document Type : Scientific research

Authors

1 Assistant Professor, Faculty of Private Law, University of Judicial Sciences and Administrative Services, Tehran, Iran.

2 Assistant Professor, Faculty of Public and International Law, University of Judicial Sciences and Administrative Services, Tehran, Iran.

3 MA of Commercial law, Faculty of Law, University of Judicial Sciences and Administrative Services, Tehran, Iran.

Abstract
Following the integration of the economic analysis of law into the U.S. antitrust framework, the European Union experienced a paradigm shift in the late 1990s, heavily influenced by the Law and Economics movement. This transition, widely recognized as the “more economic approach,” prompted the European Commission to recalibrate its competition law objectives. The findings of this research indicate that through this shift, the Commission prioritized market efficiency and consumer welfare, effectively replacing a formalistic, rule-based enforcement mechanism with an effects-based one.
Furthermore, an examination of Iran’s legal framework reveals that despite ongoing efforts, the Iranian Competition Council continues to demonstrate significant shortcomings in operationalizing economic doctrines and methodologies within its decision-making processes. Consequently, this institution necessitates fundamental reforms in its objectives and procedures, guided by the economic analysis of law. Employing a descriptive-analytical methodology, this study explores the evolution and hallmarks of the EU’s more economic approach. Ultimately, it critically evaluates the enforcement of competition law in Iran, offering structural recommendations tailored to the country’s specific regulatory circumstances.

Keywords

Subjects

 
 [1]- Aghaei Toug, M. (2013). Analysis of "Economic Analysis of Law". Comparative Law Studies, 4(2), 1-17. (In Persian)
[2]- Alaeddini, A. A. (1403), Competition Law: In the Mirror of Legislative Developments, Tehran: Majd Publications (In Persian)
 [3]- Albert, M., & Voigt, S. The More Economic Approach to European Competition Law. In: Tubingue.
 [4]- Automobile inflation surpasses general inflation, Eco Bourse website, 1403, accessed in January 1403: https://ecobourse.ir/ (In Persian)
[5]-Bagheri, Mahmoud and Fallahzadeh, Ali Mohammad. (2009). "Fundamentals of Public Law of Competition Law" with a Look at the Constitution of the Islamic Republic of Iran. Private Law Studies, 39(3), 63-81. (In Persian)
[6]-Barzegar, A. (2014), The Position and Duties of the Competition Council in the Iranian Legal System, Administrative Law Quarterly, 3(1), 148-178 (In Persian)
[7]- Basu, K. (2020). The Republic of Beliefs: A New Approach to Law and Economics. Princeton University Press.
[8]- Collection of Competition Council resolutions, up to the latest amendments in the five hundred and forty-three (543) session, dated September 27, 1403 (In Persian)
[9]-- Competition Council resolutions, three hundred and sixth (306) session, dated September 13, 1396 (In Persian)
[10]-Dadar, Y. (2012), Principles of Economic Analysis: Micro and Macro, Tehran: Amareh Publications (In Persian)
[11]- Duso, T., Gugler, K., & Yurtoglu, B. (2007). Remedies in Merger Control. Conferences on New Political Economy,
[12]- Farrell, H., & Quiggin, J. (2011). Concensus, dissensus and economic ideas: The rise and fall of keynesianism during the economic crisis. Oxford University Press
[13]- Fotis, P. N., & Polemis, M. L. (2011). The use of economic tools in merger analysis: Lessons from US and EU
experience. European Competition Journal, 7(2), 323-347.
[14]- Jones, C. A. (2007). The Second Devolution of European Competition Law: The Political Economy of Antitrust Enforcement Under a'More Economic Approach'. Conferences on New Political Economy,
[15]-Hosseini, M. (2017), Competition Law in the Mirror of the Structure and Decisions of the Competition Council, Tehran: Majd Publications (In Persian)
[16]- Iran Khodro and Saipa's 7% loss per product produced, Tejarat News website, 1403, accessed in January 1403: https://tejaratnews.com/ (In Persian)
[17]- Kirchner, C. (2007). Goals of antitrust and competition law revisited. Conferences on New Political Economy,
[18]- Lowe, A. (1954). The classical theory of economic growth. Social Research, 127-158.
[19]- Mousavi, S. F., Jadidi, A.. (1400). A Comparative Study of Competition Rules in the Competition Laws of Iran and the European Union. Comparative Research of Islamic and Western Laws, 8(2), 279-312. (In Persian)
[20]- Resolutions of the Competition Council, Session Five Hundred and Nineteen (519), Dated November 17, 1401 (In Persian)
[21]- Resolutions of the Competition Council, Session Two Hundred and Sixty-Three (263), Dated September 19, 1395 (In Persian)
[22]- Röller, L.-H. (2005). Economic analysis and competition policy enforcement in Europe. Modelling European Mergers. Theory, Competition Policy and Case Studies, Cheltenham: Elgar, 11-24.
[23]- Roth, W.-H. (2007). The “More Economic Approach” and the rule of law. The More Economic Approach to European Competition Law, Conferences on New Political Economy,
[24]-  Rubinfeld, D. L. (2007). Empirical Methods in Antitrust: New Developments in Merger Simulation. Conferences on New Political Economy,
[25]-Salvatore, D. (2009), Theory and Problems of Microeconomics (Hassan Sobhani), Tehran: Negah Danesh. (In Persian)
[26]- Silvia, L. (2018). Economics and Antitrust Enforcement: The Last 25 Years. International Journal of the Economics of Business, 25(1), 119-129.
[27]- The story of the vacuum baton and the commodity exchange, Eghtesad Online news site, 1400, accessed in January 1403: https://www.eghtesadonline.com/ (In Persian)
[28]- Van Den Bergh, R., & Giannaccari, A. (2014). The more economic approach in European competition law: is more too much or not enough? Mercato Concorrenza Regole(3), 393-434.
[29]- Witt, A. C. (2016). The more economic approach to EU antitrust law (Vol. 14). Bloomsbury Publishing.
 
 
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Volume 33, Issue 29 - Serial Number 29
September 2026
Pages 182-204

  • Receive Date 11 November 2025
  • Revise Date 25 July 2026
  • Accept Date 07 September 2026