Analysis of Basis of the prohibitions on anti-competitive

Abstract

Competition is a kind of contradiction with collaboration. People who compete with each other have accepted the principles and regulations which they observe them. They achieve to highest possible level of their abilities with competition. The community benefits from their efforts. People who ignore rights of each other and avariciously following on increasing earnings will disrupt the good conditions of society and undermine the natural process of affairs. Islamic jurisprudence by protecting the interests of the society through the acquisition of the benefits and repulsion of Corrupted, looks for rejection of any kinds of corruption and realization of favorite and good society. Anti-competitive practices are practices which create serious economic corruptions and disturb natural process of economic affairs and finally disarrange the whole society. Competition law on the basis of rule of “La zarar” , the rule of Abuse of Right ,the rule of Negating Disorder, the rule of Public Order, the human right rule of Non- discrimination, and the theory of Prohibition of Consuming Property Wrongfully sets up regulations to prevent the effects of that anti-competitive practices. We, in this article, analyses the basis of the obligatory verdict (hokm taklifi) of these prohibitions.

Keywords

• competition law
• anti-competitive practices
• restrictions
• illegality
• obligatory verdict
• no loss principle
• non-discrimination