Balance of Competency between Competition Council and Regulatory in Telecom Industry (A Comparative Study of the Legal Systems in the United States and Iran)

Document Type : Original Article

Authors

1 Associate Professor, Collage of Law, Tarbiat Modarres University, Tehran, Iran

2 PH.D. Student, Collage of Law, Tarbiat Modarres University, Tehran, Iran

3 Professor of the Department of Public Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran.

4 Assistant Professor, Electrical and Computer Faculty, Tarbiat Modares University, Tehran, Iran

Abstract

The telecommunications industry, after being liberalized and removed from state ownership, operates as a "multiple monopoly," whereby telecommunications services are typically provided to consumers by three or four operators. Due to this monopoly, the coordination of matters related to these operators, including tariff determination and license issuance, is the responsibility of the regulatory authority. One of the goals pursued by any regulatory body in the telecommunications industry is to maintain and enhance the competitive environment, which conflicts with the authority of the Competition Council as the general body responsible for competitive affairs. In the U.S. legal system, the Supreme Court has only allowed the enforcement of competition laws when they provide an advantage over regulatory rules, and it has also assumed that there is no advantage in enforcing competition laws. In Iranian law, the telecommunications regulator must always comply with the Competition Council while implementing its decisions and actions; however, regarding tariffs, only the approval of pricing guidelines falls under the Council's jurisdiction. According to the Administrative Justice Court, the determination of prices is the responsibility of the telecommunications regulator, and the Regulatory Authority must set tariffs in accordance with the pricing guidelines announced by the Competition Council.

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References

References:
Books
Ayres, Ian and Braithwaite, John. (1992). Responsive regulation: Transcending the deregulation debate. Oxford Uni340-versity Press.
Hellwig, Martin F. (2008). , Competition Policy and Sector-Specific Regulation for Network Industries. MPI Collective Goods Preprint, No. 2008/29.
 ITU. (2000). telecommunications regulation handbook. Available: https://www.itu.int/ITU-D/treg/Documentation/Infodev_handbook/1_overview.pdf
ITU. (2013). Competition and regulation in a converged broadband world. Available at: https://www.itu.int/ITU-D/treg/publications/Competitionregulation.pdf
Larouche, Pierre. (2000). Competition and Regulation in European Telecommunications. Oxford, UK: Hart 338 Publishing.
Lundborg, Martin, Reichl, Wolfgang and Ruhle, Ernst-Olav. (2012). Spectrum allocation and its relevance for competition, Telecommunications Policy, 36, issue 8.
Manne, Geoffrey and Hurwitz, Justin (Gus) and Stout, Kristian. (2018). Amicus Brief of ICLE and Participating Scholars, Mozilla v. FCC.
Milne, Claire. (2002). Numbering trends–a global overview. Available at: https://www.itu.int/ITU-D/treg/Documentation/Milne_Numbering.pdf
OECD (1999), "Relationship between Regulators and Competition Authorities", Paris: OECD available. at http://www.oecd.org/dataoecd/35/37/1920556.pdf(last visited on:2020-2-3).
Pe ́rez, Vergara and Ovando, Catalina. (2011). Assessment of the benefits of introducing a HSDPA carrier at 900 MHz.
Shelanski, Howard A. (2011). The Case for Rebalancing Antitrust and Regulation, 109 MICH.L. REV.683.
UNCTAD (2006), "Best Practices for Defining Respective Competences and Settling Cases which Involve JointAction of Competition Authorities and Regulatory Bodies". Geneva: available at https://unctad.org/system/files/official-document/tdrbpconf6d13rev1_en.pdf
Article
Atriyan, F. (2017). The Principle of Legal Certainty and Government Interventions in the Economy. Public Law Studies Quarterly, 47(2), 281-301. doi: 10.22059/jplsq.2017.63099
Breyer, S. (1987). Antitrust, Deregulation, and the Newly Liberated
de Streel, Alexandre. (2014). The Antitrust Activism of the European Commission in the Telecommunications Sector.P. Lowe and M. Marquis (eds), European Competition Law Annual 2012: Competition, Regulation and Public Policies, Hart, 2014, 189-208.
Douglas H. Ginsburg and Daniel E. Haar, Philip Lowe and Mel Marquis (eds). (2014). European Competition Law Annual 2012: Competition, Regulation and Public Policies (Oxford: Hart Publishing 2014). George Mason University Law and Economics Research Paper Series
Geradin, Damien. (2005). Limiting the Scope of Article 82 of the EC Treaty: What Can the EU Learn from the Us Supreme Court's Judgment in Trinko in the Wake of Microsoft, Ims, and Deutsche Telekom. Common Market Law Review.
Grimes, Warren S. (2010). U.S. Supreme Court Rejects Price Squeeze Claim: A High Point for Divergence between US and European Law?. Zeitschrift Für Wettwebersrecht, p. 343, 2009, Southwestern Law School Working Paper No. 1024.
Hosseini, M., & Ghafari, B. (2020). A Comparative Study on the Legal Relationship between the Competition Authorities and Sector Regulators; from Conflict to Interaction. Comparative Law Review, 11(2), 525-550. doi: 10.22059/jcl.2020.301028.633993
Khoshnoudi, r. & Mina, M. (2016). Legal Nature of Competitive Council and Appealing its Decisions. Legal Research Quarterly, 19(75), 201-225.
Marketplace. California Law Review, 75(3), 1005-1047. doi:10.2307/3480665.
Rostami, V. &  Asgharnia, M. (2012). Differences of Competition Council and Regulatory Commission Competency , Journal of Public Law Jurisprudence, 2(4).
Weiss, James R. & Stern, Martin L.. (1998). Serving Two Masters: The Dual Jurisdiction of the FCC and the Justice Department over Telecommunications Transactions, 6 CommLaw Conspectus 195 ( available. at: https://scholarship.law.edu/commlaw/vol6/iss2/6.
Public Law Knowledge Quarterly
Volume 13, Issue 3 - Serial Number 3
September 2024
Pages 189-212

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History

  • Receive Date: 11 February 2024
  • Revise Date: 08 May 2024
  • Accept Date: 07 September 2024

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