Towards a fair competitive environment: A study on the shortcomings of Iraqi legislation in curbing monopolistic practices

Abstract

In light of the growing trend towards a market economy and the liberalization of trade exchanges, achieving a fair competitive environment has become one of the fundamental pillars of any economic system that seeks efficiency, innovation, and consumer protection. However, monopolistic practices – whether explicit or disguised – are among the most significant challenges that hinder this path, especially in countries where legislation still fails to keep up with the complexities of the modern market.

The Iraqi legislative environment, despite having a competition law, still suffers from a weakness in deterrent and monitoring tools, and a lack of specialized institutional mechanisms capable of monitoring and limiting monopolistic practices, especially those that take the form of covert alliances or control through technology. Despite the issuance of the Iraqi Competition and Anti-Monopoly Law No. 14 of 2010, the legislative and regulatory reality reveals a deep structural flaw in the ability to effectively confront monopolistic practices, The existing texts are characterized by a degree of generality and ambiguity, and do not reach the level of technical detail necessary to track modern monopolistic practices, especially those that occur through data control, hidden pricing, and cross-market alliances. Additionally, the absence of precise definitions for key concepts, such as 'dominance' and 'anti-competitive agreements', weakens the ability of courts and regulatory bodies to apply the texts rigorously and consistently. This is further compounded by institutional shortcomings. The concerned bodies responsible for law enforcement lack independence, human resources, and specialized technical capabilities, which often renders their oversight merely symbolic. Furthermore, the mechanisms for investigating monopolistic practices and the accompanying judicial procedures suffer from slowness and complexity, which undermines the deterrent effect of legal intervention. In light of these circumstances, an unequal market environment is reproduced, allowing certain economic actors to entrench their monopolistic positions at the expense of the principle of equal opportunities and consumer rights.