Regulating Organized Market for Petrochemical Products: A reflection on the Conflicting Rules

Document Type : Original Article

Authors

1 assistant prof. of International Commercial Law Dept, Faculty of Law, Shahid Behshti University

2 PH. D Candidate, Faculty of Law, Shahid Beheshti University

Abstract

Regulation of organized market for goods has special requirements, Lack of attention to which may distort its functioning and effective role in economy. To meet these requirements, it`s necessary for market to have power of self-regulation so managers can ensure market health by imposing special regulations. Recently, pricing of some goods, such as petrochemicals, have been subject to legislative intervention by entities outside organized market of petrochemicals due to existence of economic sanctions and restrictions on supply of raw materials.

Regulatory intervention poses this risk that rules imposed by external bodies may not be aligned with specific requirements of market, so this question is raised whether rules set by Market Regulation Working Group (MRWG) are aligned with specific rules of organized market for goods? Another question that has to be answered is that in case of conflict, is there any solution/s to resolve conflicting situation?

Based on findings of present research, some rules made by MRWG regarding minimum supply, pricing and information disclosure are in conflict with specific rules of market. Although practically market managers follow rules set by MRWG, but due to provision of Clause C of Article 36 of Law on Permanent Provisions and Article 18 of Law on Development of New Financial Instruments and lack of competence of MRWG to intervene in supply amount and pricing of petrochemicals, rules imposed by MRWG have no legal basis. Therefore, preserving legal position of market for goods and fundamental principles governing it requires market managers refrain from implementing conflicting rules

Keywords

Main Subjects



Articles in Press, Accepted Manuscript
Available Online from 19 February 2025
  • Receive Date: 16 November 2024
  • Revise Date: 31 January 2025
  • Accept Date: 19 February 2025