Explaining the Competition Law in Terms of the Principle of 'No Harm' and Comparing the Effects of Different Perceptions of on This Principle

Parsapour, Mohammad Bagher; Nasehi, Ali; Issaei Tafreshi, Mohammad; Parsapour, Mohammad Bagher; Khodadad Khshi, Farhad

Explaining the Competition Law in Terms of the Principle of 'No Harm' and Comparing the Effects of Different Perceptions of on This Principle

Authors

Mohammad Bagher Parsapour ¹

Ali Nasehi ²

Mohammad Issaei Tafreshi ³

Mohammad Bagher Parsapour ¹

Farhad Khodadad Khshi ⁴

¹ 3. Assistant Professor, Department of Law, Tarbiat Modares University, Tehran, Iran

² 1. Ph.D. student, Department of Law, Tarbiat Modares University, Tehran, Iran.

³ Professor, Department of Law, Tarbiat Modares University, Tehran, Iran.

⁴ 4. Professor, Department of Economics, Payam-e Noor University, Tehran, Iran

Abstract

Following the victory of the Islamic revolution, especially with the end of the war and considering macro-policies of the system based on the reduction of control of the state, competition law has appeared more than past in the area of the legislative. Besides, if the people acknowledge that the rules coincide with their beliefs, they show more commitment to it. Considering that according to the Constitution, regulations must be based on the Islamic criteria, to determine the rules governing the behavior of economic actors, they must be justified based on the Islamic criteria. The principle of 'no harm' is among the most important rules under discussion in the Islamic law, and several theories have been formulated for the provision of this principle. We explain the concepts of principle of “no harm”, and attempt to demonstrate that firstly the government (like every individual of the society) is affected by the concept of this principle, and secondly, if the provisions of the principle of "no harm" imply that the issue that a verdict has been rendered for it, if its primary effect causes harm to others, such award is declared null. In other words, it is improbable that the legislator enacts a law that will harm others; therefore, by relying on this principle, the validity of the said rule will not be recognized.

Keywords

Law

economics

Competition

monopoly

Principle of “no harm”