the conceptual and factual interaction between contestable and non-contestable markets in the context of application of competition law

the current paper investigates non-contestable markets, and through discussing this concept and adopting an interdisciplinary approach investigates the interaction between this concept and the contestable markets. in this regard and from a positive point of view, the current paper aims to disuss the interaction of these two concepts. from a legal and normative point of view, we seek to highlight the contradictions which exist between these two concepts both theoretically and practically. the outcome of this debate is that although the economic considerations, protection of the markets and the existence of a regulatory body become inevitable, one could not ignore the place of non-market in the process of legislation production. ultimately, both non-markets and markets are part of the private sector of the economy which have to be regulated and supervised through competition law, while the regulations and control of the natural monopolies, if they are not under the government control, should be done through sector regulatory regimes. therefore, an understanding of the competition law requires a distinction between markets and non-markets so that the borderline issues between these two areas and the scope of application of competition law which is only regulating the market are not confused.