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Information Journal Paper

Title

The Legal Role of Market Regulatory Institutions in Light of Economic Regulatory Tools

Pages

  183-218

Abstract

Market and its regulation are not merely economic concepts; rather, they are institutions that inherently encompass political and legal dimensions. Concept of the market takes different forms depending on the overarching political approaches. Each of these approaches employs distinct tools to regulate the market in pursuit of its objectives and theories. Governments sometimes adopt "rules" and "tools" perspective, which involves order and supervision rooted in state authority and public power, falling under mandatory policies and traditional regulatory instruments. Sometimes, they employ a meta-legal perspective, utilizing flexible and modern legal tools. Accordingly, depending on the approaches, three types of tools—"mandatory," "voluntary," and "hybrid"—are applied to mediate the relationship between state and market. In this context, the "Competition Council" and the "Market Regulation Headquarters" play a regulatory role by relying on the dual perspectives of "Imperium" and "Dominium" and employing various regulatory tools. This paper explores how these dual institutions can function within the framework of the mentioned approaches and the tripartite tools, assuming that these institutions possess meta-legal and modern capacities through more flexible tools. By adopting a descriptive-analytical approach, this study examines the market and its relationship with the state, emphasizing institutional and market fundamentalism in the capital market—as drivers of economic growth—and supporting key market actors. It also considers the regulation of both boundary and internal tools, as well as the challenges of ineffective market regulation

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