The recent actions of the central insurance show that personal preferences are being applied
Following the publication of the preliminary decision of the Competition Council regarding the insurance switch and the recent statements of the central insurance officials, three startups Ezaki, Bazar Insurance and Insurance.com issued a statement. They believe that such words show personal preferences and the supervisory body should take into account its regulatory and law-abiding dignity.
Not long ago, the Competition Council, after investigating the complaint of insurance startups from Central Insurance, did not recognize Amitis Switch as a monopoly and anti-competitive procedure for the time being; It is a preliminary decision and there is a possibility of appeal for it.
In the following, the Deputy Director General of Central Insurance announced on his news channel that the judgment of conviction of the startups has been issued and he attributed to them claims that are false from the point of view of the insurance startups. Following these two issues, “Majid Mashalchi” sent a letter to the managing directors of insurance companies, demanding to take executive measures to activate the switch, and the head of Central Insurance emphasized the same points by appearing on Sedavosima.
In this regard, Azaki, Bazar Bazar and Bima.com reacted to these actions and statements by publishing a statement.
They believe that what has happened so far has ignored the background of more than a year of numerous expert meetings of startups with managers of different levels of the Central Insurance and the agreements made in the field of amending the relevant regulations:
“A point that the Central Insurance Directorate also emphasized in his television interview; Putting all these comments and decisions together shows that Polyphony and application of personal preferences has it; A procedure that the supervisory body is expected to avoid and Regulatory and law-abiding dignity Consider yourself.”
Criticism of referring to the primary judgment
The other part of this statement is dedicated to the interpretation of the preliminary decision of the Competition Council about the complaint of startups. Emphasizing that the issued verdict is a “preliminary verdict”, they criticized the fact that the supervisory body relied on this verdict:
“In the published text, the term “primitive opinion” is clearly mentioned. In legal literature, a preliminary verdict means “uncertainty”; The decision issued by the judicial authorities in the initial hearing of the case. The right of objection and appeal is reserved for the plaintiffs and it loses its legal value as soon as it is objected. After consulting with legal experts after the initial vote, our reading was that, contrary to what the supervisory body cites, our technical objections to the launch of the switch were approved by the Competition Council, and we do not consider many parts of this vote to be against our wishes, and in general We found it reasonable and acceptable. Therefore, out of respect for the preliminary nature of the decision, we refrained from mediating its content and postponed any action or comment until the final decision is issued and after the appeal stage. But in the current situation and with the insistence of the supervisory body on citing the “primitive opinion”, we consider it necessary to point out some technical points in this field.
According to them, the case was presented in the Competition Council by Ezaki, Bazar Insurance, and Dotcom Insurance, and Central Insurance played the role of the defendant in this case: “As a result, the interpretation of issuing a conviction is fundamentally wrong. The dignity of the legal position of the responsible persons requires that in the official tribunes, the choice of phrases that can have a legal burden or be suspicious should be avoided.
These insurance startups once again emphasize that in the preliminary decision of the council, many of their points have been confirmed: “For example, the possibility of concluding direct sales contracts and establishing commercial and financial interactions with insurance companies by online brokers is clearly recognized and Its legality has been emphasized.”
Also, regarding the management of insurance policy issuance by Switch, the insurance startups believe that the text of the ruling refers to the fact that the Central Insurance has rejected such an issue and did not consider their complaint, and at the same time on the broker’s freedom of action in choosing the issuing unit and the impossibility of coercion in this regard. has been emphasized:
In other words, the Central Insurance has denied any entry of the switch into the issuing area in any form, and the verdict has been issued on this basis. In this regard, it is expected from the esteemed supervisory body to discuss and issue executive instructions approved by the board of directors in line with the defenses that have been contested in the council and the words of the esteemed chairman in the first line program of the Khabar network denying any entry of the switch. He had given importance, they should correct it so that any doubts and ambiguities in this regard are resolved.”
In the other part of the statement, it is mentioned about undertaking and monopoly, which the competition council has ruled out considering that the switch has not yet been implemented: “As we have mentioned before, if the insurance switch has not entered the business space or in the form of The monopoly of its implementation has not been assigned to one company, its existence will not hinder innovation and knowledge-based activity in the insurance industry.”
Ezki startups, Bimah Bazar and Bimah.com have stated that one of their main concerns is the one-time suspension and lack of legal documentation; A procedure which, according to them, the former central insurance had taken on this and caused serious damage to the knowledge-based companies of this field and the activists of these companies: “It is interesting that in the text of the ruling of the Competition Council on the need to stop this procedure and create a multi-layered mechanism, Reasoned and non-refusal is emphasized to deal with possible violations.
At the end of the published statement, the startups, by re-emphasizing their usual position of recognizing the right of the supervisory body to apply fair and non-discriminatory supervision to the entire sales network, expressed hope that the interactive and expert process with online brokers would continue in practice. of any action Rushed and tasteful be avoided
Source: Digiato