The Nature of Monopolism Within the Framework of Competition Law Looking at the Law of General Policies’ Exercising Method of Article 44 of the Constitution

In the early twentieth century, as a result of the global economic crisis caused by the inability of the market mechanism, which led to the growth of monopoly, the role of the government in economic relations in the form of regulatory rules gained attention. Competition law emerged in the economic sphere of most countries with the content of regulatory rules. Factors in the formation of competition law can be divided into two categories: economic and political, and on this basis, the goals of competition law are also divided into two categories: economic and non-economic goals. In the next stage, based on the inherent goals of competition law, monopolies are divided into two categories: positive monopolies and negative monopolies. Competition law, based on its inherent goals, on the one hand prevents the growth and formation of negative monopolies and on the other hand protects and promotes the growth of positive monopolies. Talking advantage of descriptive-analytical method, the findings of the present study indicate that the law on the implementation of general policies of Article 44 of the Constitution, relying on development programs as the most important economic document in the field of competition law, generally adheres to this process of competition law.