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This paper aims to measure the extent of mark-up and monopoly pricing in different sub sectors of the Iranian manufacturing. We measure annually the degree of monopoly pricing and mark-up for sub sectors over the period from 1959 to 2003. A panel data approach is developed and applied to gauge the mark-up and degree of monopoly pricing The results show that in four sub sectors, including chemical, non-ferrous metals, basic metals and machinery, these kinds of pricing are dominated and it is also prevalent in other sub sectors. Capital intensity and increase in the number of firms in each sector cause a reduction in mark-up while trade liberalization leads to an increase in productivity. The experience of liberalization in Iran over a short period of time confirms that mark-up is reduced, productivity is increased and capital intensity is decreased.

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                Our country's legislator in 2010 by pursuing the developed countries, in the form of Article 107 of the Fifth Development Scheme Act of Islamic Republic of Iran, provided the formation ground of economic-legal institution, “Economic Interest Group”, for joint economic and trading activities. The authors, while criticizing the placement of the mentioned article and  defective statute in the Fifth Scheme Act, which is a temporary act, having pointed out the history of the Economic Interest Group, the necessity for its inclusion and comparing it with similar institutions as well, have analyzed the above article merely in terms of the requirements of forming Group, as well as the European :union:’s procedure regarding The economic interest groups , and have put forward their perspective along with suggestions. This institution has almost the same function of “joint venture” without legal entity. However, it could also be different from “joint venture” concerning the liability of members against third-parties. There are also differences between the mentioned institution with consortium (Companies :union:). Formation of Economic Interest Group is allowed and carried out for the purposes of trading and non-profitable activities with conforming to the Islamic rules and the principles of Harm Prohibition and Monopoly Prevention. The contract formation must be written having limited duration and registered in the Companies Registration Organization. There has been no any enforcement stipulated in Article 107 for failure to registering the Economic Interest Group’s contract formation in the Companies Registration Organization.      * Corresponding Author’s E-mail: Tafreshi@modares.ac.ir

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Following the victory of the Islamic revolution, especially with the end of the war and considering macro-policies of the system based on the reduction of control of the state, competition law has appeared more than past in the area of the legislative. Besides, if the people acknowledge that the rules coincide with their beliefs, they show more commitment to it. Considering that according to the Constitution, regulations must be based on the Islamic criteria, to determine the rules governing the behavior of economic actors, they must be justified based on the Islamic criteria. The principle of 'no harm' is among the most important rules under discussion in the Islamic law, and several theories have been formulated for the provision of this principle. We explain the concepts of principle of “no harm”, and attempt to demonstrate that firstly the government (like every individual of the society) is affected by the concept of this principle, and secondly, if the provisions of the principle of "no harm" imply that the issue that a verdict has been rendered for it, if its primary effect causes harm to others, such award is declared null.  In other words, it is improbable that the legislator enacts a law that will harm others; therefore, by relying on this principle, the validity of the said rule will not be recognized.