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Evolution to Ex-ante Competition Law A Reflection on the New Rules for Dealing with Anti-Competitive Practices in Digital Platforms

Document Type : Original Article

Authors

1 Assistant Professor, Faculty of Law, Tarbiat Modares University, Tehran, Iran.

2 Post-Doctoral Researcher, Faculty of Law, Tarbiat Modares University, Tehran, Iran Corresponding Author Email: m.farahani@modares.ac.ir

Abstract

The emergence of new concepts such as "extremely dynamic market", "its increasing concentration and exclusivity", "irreversibility of competition", "dual nature of the platform" and "difficulty of proving a claim" in the platform ecosystem, the traditional system of dealing with anti-competitive behavior in this field has faced serious challenges. By using library studies and adopting an analytical-descriptive method, in order to find the answer to the question of what are the new criteria for dealing with anti-competitive practices of digital platforms, it has concluded that a significant part of the inefficiency of traditional criteria in this field returns to the centrality of the "therapeutic and retrospective" approach that governs them. Accordingly, the main solution to overcome the challenges is to complete the traditional criteria by applying "Proactive and forward-looking" criteria. The criteria in the field of "practice" from the path of "setting behavioral standards" and "providing experimental algorithmic transparency", in the structural field from the path of "structural determination of the platform" and "resetting the structural nature of the platform" and finally in the judicial field from the path of "changing and facilitating the burden of proof" and "prior limitation of the right to defense" can be implemented

Keywords

References

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Economic and Commercial Law Researches
Volume 3, Issue 4 - Serial Number 12
March 2026
Pages 255-289
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