چکیده:
The institution of the Reassuring Message, established in Article 49 of the Implementation Law of the General Policies of Article 44 of the Constitution, is a significant innovation in Iran’s competition law, specifically designed to address mergers and acquisitions by enhancing predictability, increasing legal certainty, and preventing anti-competitive practices in these processes. This multifaceted institution combines advisory, preventive, provisional and credible features to guide market participants' conduct and promote transparency in economic transactions. However, in its current form, the Reassuring Message lacks binding legal effect on third parties and the scope and conditions of their right to object remain unclear. In the comparative section, the Reassuring Message is analyzed alongside the Business Review Letter and the prior approval policy in U.S. competition law, as well as the comfort letter mechanism under European Union competition law. Their strengths are examined in terms of relative binding force, preventive role, and public disclosure. Finally, the study emphasizes the necessity of clearly defining the Reassuring Message, drafting comprehensive and systematic regulations, specifying clear legal consequences, designing an effective accountability mechanism, and mandating the publication of messages with due regard to confidentiality. These recommendations aim to enhance the efficiency and consolidate the position of this institution within Iran’s competition law framework.
خلاصه ماشینی:
Finally, emphasizing the necessity of a precise definition of the Assured Message, drafting a comprehensive and systematic regulation, determining specific legal effects, designing an effective accountability mechanism, and mandating the publication of messages while respecting confidentiality considerations, the research provides solutions for improving the efficiency and stabilizing the position of this institution within the Iranian competition law system.
This article is based on the assumption that the Assured Message institution, as an inquiry with preventive, supervisory, and regulatory functions, can play an effective role in reducing legal ambiguities, enhancing transparency and predictability, and ultimately strengthening the competitive environment.
To achieve the objectives of this institution, it is necessary that its legal foundations, issuance process, method of implementation, effects, and enforcement mechanisms be defined and strengthened in a coherent, transparent manner based on the principles of competition law; in such a way that, on one hand, it attracts the trust of economic actors and on the other hand, prevents potential abuse of this mechanism.
1. Analytical comparison of the Competition Council's "Assured Message" institution with the Business Review Letter In the United States legal system, one of the most important proactive mechanisms for the enforcement of competition law is the Business Review Letter, which is administered by the Antitrust Division of the Department of Justice.
In Iran, the "Assured Message" institution of the Competition Council is defined according to Article 49 of the Law on the Implementation of the General Policies of Article 44, and its goal is also similar to the American letter, namely preventing anti-competitive violations and providing the official view of the regulatory authority before occurrence.
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