چکیده:
Competition law is considered one of the effective factors in improving welfare and economic efficiency. However, in an economy, not all industries and even all parts of an industry may be able to accept competition; these industries are known as "natural monopolies". It is said that "energy" is considered a natural monopoly and should be completely in the hands of the government. This article, while examining basic concepts, seeks to investigate whether the energy sector is capable of accepting competition? And if the answer is positive, in which parts of the industry are the aforementioned capabilities? Is the assumption that the energy sector, especially electricity and gas, is considered a natural monopoly, correct? It can be said that although electricity or gas production in the energy industry may be under the exclusive control of the government, transmission and distribution can be managed by the private sector under certain conditions and be competitive in the free market. In addition to providing answers to the above questions, this article seeks to examine the infrastructure, challenges, and opportunities for entering competition in the energy market, especially in the electricity and gas industry.
خلاصه ماشینی:
Legal Analysis of Monopoly and Competition in the Energy Market, with Emphasis on the Gas and Electricity Industries; Challenges and Opportunities Seyed Nasrullah Ebrahimi Assistant Professor, Department of Private Law, Faculty of Law and Political Science, University of Tehran Mahmoud Jafari Chalestari PhD Student in Private Law, Tarbiat Modares University, Tehran (Date of Receipt: 1392/12/19 - Date of Approval: 1394/03/19) Abstract Competition law is considered one of the effective factors in promoting welfare and economic efficiency.
Based on what was stated, the principles and characteristics of the traditional pattern are as follows: Exclusive right of the government regarding the executive operations and management of the energy network; lack of significant competition in the private sector; formation and guidance of vertically integrated activities and the existence of centralized control; determination of costs based on incurred costs, not competitive market prices; the existence of a wide range of complex planning along with strict and central control ( ,2007 ,Duncanson 35 .
In fact, the most important reasons leading to the creation of the movement to exit monopoly and accept the rule of competition in the market are as follows: Poor implementation of government performance on the one hand, and high costs and insufficient access of people to expected services on the other hand; the inability of the public sector to financially provide its investment costs in the field of energy; the need to eliminate subsidies and liberalize the prices of energy carriers; the desire to increase government revenues through the sale of energy carriers and similar assets; (1 .
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