The legal tools of the stock exchange organization to protest against the decision of the competition council – Tejaratnews
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According to Tejarat News, today the Competition Council published a new instruction based on which the supply of cars in the commodity exchange was canceled. In this instruction, there is no name of the stock market and only the name of the lottery is visible.
In this directive, it is stated that the market of all passenger cars, manufactured, assembled and imported cars has been recognized as exclusive and henceforth they are subject to this directive. Meanwhile, the nature of the Competition Council is to eliminate monopoly and now it is consolidating the monopoly by creating guidelines.
In paragraph 5 of article 5 of this directive, it is written that car manufacturers are required to sell their products through the integrated car sales system. Therefore, it can be said that the supply of cars in the commodity exchange has practically stopped.
The opposition of competition council members to the new guidelines
Despite this issue, Mehdi Taghiani, a member of parliament’s supervisor in the competition council, said: “The members of the parliament’s supervisor in the competition council are strongly against the decision of this council regarding the directives for the supply of cars, and they do not consider the basis of this decision to be acceptable.”
He added: “The theoretical foundations of this resolution are objectionable, and we should amend the law or inquire about how to implement amendments or protest against this resolution; “The law related to the competition council must be amended in the parliament.”
Today, there were many protests against the cancellation of the car supply in the Commodity Exchange, and it seems that these reactions will eventually lead to the actions of the Exchange Organization to deal with the new directive.
Stakeholders’ objection to the approval of the Competition Council
Hamid Esadi, a lawyer and capital market expert, told Tejarat News: “The instruction of the Competition Council to cancel the supply of cars in the commodity exchange is objectionable. Based on Article 63 of the Law on the Implementation of General Policies, Article 44, any interested person can register his objection and appeal to the Competition Council’s appeal board and submit his appeal petition regarding the decisions of the Competition Council.
This capital market lawyer continued: “The appeal board of the competition council consists of three judges, two economists and two business activists; Two economists represent the Ministry of Economy, two business activists represent the Ministry of Security, and judges represent the Judiciary.
He added: “In the appeal board, if they find that the approvals and decisions of the competition council are contrary to the law, the principles governing competition or contrary to the interests of the public and shareholders, they can cancel the approvals or violate part of the approvals. take action.”
Referring to the situation of car deals, Esadi said: “By protesting and appealing against the approvals of the Competition Council, we will see the positive impact of this issue on the small and block deals of cars.”
It seems that with protest and appeal, we will witness positive changes and the re-supply of cars in the commodity exchange; But will the Stock Exchange Organization enter into a legal battle with the Competition Council to use its legal tools and protect the interests of companies and shareholders?