Ali Zuweid's Political Programme · Proposed legislation · Economy, Finance, Investment and Employment
Competition, Anti-Monopoly, Consumer Protection and Product Liability Law
A unified bill replacing the competition and consumer protection laws enacted in 2010 while preserving the existing Competition Council, modernising merger control and action against cartels and abuse of dominance, strengthening traditional and digital consumer protection, and establishing modern strict liability, safety and recall rules for defective products.
Executive Summary
Since 2010, Iraq has had separate Competition and Anti-Monopoly Law No. (14) of 2010 and Consumer Protection Law No. (1) of 2010. By 2026, competition law was no longer institutionally inactive: the Competition and Anti-Monopoly Affairs Council operates under the Presidency of the Council of Ministers, receives complaints and merger and acquisition registrations electronically, investigates and monitors markets. In March 2026, the Iraqi Official Gazette also published Instructions No. (1) of 2026 facilitating implementation.
However, significant parts of current competition law still rely on rigid rules, notably a 50% control threshold for mergers and practices. The proposal replaces a single percentage with an economic test: does the transaction substantially lessen competition, and is actual dominance present considering shares, entry barriers, buyer power, data and network effects? Beneficial transactions are thus not blocked merely for a number, nor harmful ones exempt because arithmetic shares fall below a fixed threshold.
The proposal adds modern two-phase prior merger control, notification thresholds based on turnover, assets or transaction value rather than market share alone, leniency to uncover secret cartels, settlements, activity-linked fines and an express right to civil compensation once infringement is established.
Current consumer protection law established important rights and a Consumer Protection Council, but practical enforcement remains dispersed. In 2026, the Central Organisation for Standardisation and Quality Control conducts campaigns, testing and complaint response with the Ministries of Trade and Health and security bodies. The proposal therefore does not replace these technical bodies with the Consumer Council. It makes the Council a centre for complaints, commercial practices, contracts, compensation and coordination while food, medicine, standards and safety testing remains with specialists.
Digital consumer protection is modernised through total-price disclosure, trader identity, distance-contract withdrawal rights, prohibition of deceptive design patterns, transparency of paid rankings and reviews, control of automatic renewal and subscriptions, and security updates for connected devices. These matters were not central when the 2010 law was enacted.
For product safety, the proposal establishes a clear responsibility chain from producer and importer to distributor and platform according to role, with batch tracing, incident reporting and national recalls. A strict defective-product liability chapter complements this: injured persons need prove defect, harm and causation rather than manufacturer negligence, aided by presumptions where technical evidence is producer-controlled or scientific proof is difficult.
Products include digital components and software affecting product safety, drawing on recent comparative developments while keeping Iraqi rules independent and integrated with civil, standardisation, health and medicine laws. Absence of criminal or administrative fault does not bar civil compensation.
The framework in 2026
The Competition and Anti-Monopoly Affairs Council derives from Law No. (14) of 2010. Its official website confirms competition policymaking, complaint and practice investigations, merger registration, guidance and international cooperation. In 2026 it expanded institutionally, opened branches and conducted campaigns and investigations, alongside new implementation instructions.
Consumer Protection Law No. (1) of 2010 establishes consumer rights, supplier and advertiser duties, and a Consumer Protection Council. In practice, technical and market bodies shoulder much protection, led by the Central Organisation for Standardisation and Quality Control, the Ministries of Trade and Health and other regulators. In 2026, the Organisation documented campaigns covering food, textiles, standards, dates and labelling.
The issue is not absence of all safeguards, but fragmentation and gaps for the digital economy, strict product liability and collective compensation, alongside numerical competition tests failing to reflect modern economic analysis.
Legislative Gap
| Area | Gap | Treatment |
|---|---|---|
| Mergers | Strong reliance on a 50% control threshold in the current framework. | Prior notification, objective thresholds and a substantial-lessening-of-competition test. |
| Cartels | Existing prohibition but detection tools need strengthening. | Leniency, judicially authorised inspection, settlements and deterrent fines. |
| Digital consumers | The 2010 law predates today's platforms, subscriptions and deceptive interfaces. | Distance rights, withdrawal, platform transparency and bans on deceptive patterns. |
| Product safety | Powers dispersed among technical bodies without a unified recall register. | Coordinated tracing, reporting and recalls, preserving sectoral technical supervision. |
| Defective-product compensation | Primary reliance on general civil rules and defect warranties. | Independent strict liability and presumptions suited to technical complexity. |
| Collective compensation | Weak effective mechanisms for widespread small losses. | Representative actions, mediation and collective refunds. |
Legislative policy
The proposal combines competition and consumer protection in one law without merging institutions. Competition requires economic independence and merger and cartel investigations; consumer protection needs complaints, contracts, safety and compensation. The Competition Council remains, while the Consumer Council is reactivated and coordinated with technical bodies.
The law also distinguishes competition protection from price control. Competitive markets do not make every price rise unlawful, and the Competition Council is not a price-setting body. Intervention concerns cartels, dominance abuse or harmful mergers; sector or crisis price regulation needs a separate legal basis and impact review.
Product liability does not replace contractual warranties: buyers of defective appliances may seek repair without personal injury. Where defects cause injury or damage other property, strict liability operates independently of sale contracts and proof of producer negligence.
Draft Competition, Anti-Monopoly, Consumer Protection and Product Liability Law
Chapter One — General Provisions
Article 1 — Title
This Law shall be called the Competition, Anti-Monopoly, Consumer Protection and Product Liability Law.
Article 2 — Objectives
This Law aims to protect competition and market entry, prevent anticompetitive agreements and market-power abuse, control harmful mergers, protect consumers' economic, health and digital rights, regulate commercial practices, advertising and e-commerce, establish clear defective-product damage liability, and provide effective enforcement and compensation.
Article 3 — Scope
Competition provisions apply to production, commerce and services within Iraq and foreign activity with foreseeable material Iraqi effects. Consumer provisions apply to goods and services supplied to Iraqi consumers, including cross-border e-commerce and digital services insofar as legally enforceable.
Article 4 — Public persons
Public and mixed companies and state-owned economic entities are subject to competition rules when economically active, without ownership-based exemption. Purely sovereign or regulatory functions are excluded.
Article 5 — Regulated sectors
Sectoral laws apply alongside this Law. Conflicts between necessary technical regulation and competition shall be interpreted to achieve regulatory objectives with the least competitive restriction. Sector regulators do not displace Competition Council jurisdiction.
Article 6 — Definitions
“Council” means the Competition and Anti-Monopoly Affairs Council; “Consumer Council”, the Consumer Protection Council; “undertaking”, any economically active person regardless of form or ownership; “relevant market”, the product and geographical market determined through supply and demand alternatives; “dominant position”, one or more undertakings' ability to act substantially independently of competitors, customers or consumers; “economic concentration”, a merger, acquisition or lasting joint venture producing durable control change; “consumer”, a natural person acting mainly for personal, family or household purposes outside professional activity; “supplier”, a producer, importer, distributor, seller, service provider or platform according to role; “product”, any movable property including electricity, digital components and software forming part of a product or commercially supplied within liability provisions; and “defect”, failure to provide safety a person may reasonably expect.
Article 7 — No general price control through competition protection
Price increases or decreases alone are not competition infringements. The state may lawfully regulate sector or emergency prices for social, natural-monopoly or emergency reasons, but the Council focuses on agreements, dominance abuse and restrictive conduct rather than replacing markets with general administrative pricing.
Article 8 — Competition and consumer protection
This Law shall promote competitive markets, accurate information, product safety and effective compensation. Consumer protection shall not justify restrictions wider than necessary.
Article 9 — Non-waivable Rights
No advance agreement may exempt a supplier from mandatory consumer-protection or defective-product liability provisions, or prevent a consumer from seeking recourse before a court or competent authority, except within limits permitted by law.
Article 10 — Digital Application
This Law applies to applications, platforms, online stores, digital services, advertising and commercial algorithms directed at the Iraqi market or producing a substantial effect within it.
Chapter Two — Competition and Anti-Monopoly Affairs Council
Article 11 — Continuity of the Council
The Competition and Anti-Monopoly Affairs Council established under Law No. (14) of 2010 continues as the independent national competition authority. Powers, files, employees and assets transfer to it without re-establishment.
Article 12 — Institutional Attachment and Independence
The Council is attached to the Council of Ministers and has legal personality and financial, administrative and technical independence. It receives no instructions concerning a particular case, investigation or economic concentration.
Article 13 — Composition of the Council
The Council is constituted under a system ensuring a professional majority with expertise in economics, law, competition, business and data. Terms of membership and grounds for removal shall prevent replacement for reasons related to a professional decision.
Article 14 — Conflicts of Interest
The chair, members and senior employees disclose their financial and professional interests and relationships. Anyone with a conflict shall abstain from participating in the relevant case.
Article 15 — Council Functions
The Council investigates restrictive practices, reviews mergers and acquisitions, issues decisions and administrative sanctions, conducts market studies, reviews government restrictions on competition, undertakes international cooperation, and issues guidance and instructions.
Article 16 — Own-initiative Investigations
The Council may initiate an investigation on a complaint, information, market analysis or its own initiative. A directly affected individual complainant is not required.
Article 17 — Requests for Information
The Council may request information, documents and data from undertakings and public bodies within the investigation's scope. Requests shall specify their subject and timeframe and be proportionate to the need.
Article 18 — Inspection
The Council may inspect business premises under a judicial warrant where forcible entry or copying data not voluntarily provided is necessary. During inspection, it may examine business records and devices within the warrant's limits.
Article 19 — Homes and Personal Devices
No home or personal device outside the workplace may be searched without a specific judicial warrant based on serious grounds connecting it to the infringement.
Article 20 — Confidentiality
Trade secrets and confidential information are protected. This does not prevent their use in decisions or court proceedings under procedures preserving confidentiality while allowing a party to understand the substance of the evidence against it.
Article 21 — Defence Rights
A person is notified of the alleged infringement and its essential evidence and given adequate time to respond, obtain legal assistance and request a hearing before the final decision.
Article 22 — Market Studies
The Council may study a market or sector without a suspected specific infringement to identify competition barriers, regulatory restrictions and concentration, and publish non-binding recommendations or propose legislation.
Article 23 — Assessment of Government Restrictions
Public bodies consult the Council on legislation and regulations substantially restricting market entry, competitor numbers, prices or business models. The Council provides a competition assessment and less restrictive alternatives.
Article 24 — Annual Report
The Council submits and publishes an annual report to the Council of Ministers and Council of Representatives covering cases, mergers, studies, sanctions, recommendations and competition indicators.
Chapter Three — Anti-competitive Agreements and Practices
Article 25 — General Prohibition
Agreements, decisions and concerted practices between undertakings are prohibited where their object or effect is substantially to prevent, restrict or distort competition in the Iraqi market.
Article 26 — Serious Agreements between Competitors
Agreements fixing prices or their components, allocating markets, customers or territories, limiting production or supply, and rigging bids are specifically prohibited. Proof of actual effects is unnecessary once a serious agreement is established.
Article 27 — Exchange of Sensitive Information
Exchanging future prices, quantities, customers or bidding strategies between competitors may constitute a prohibited concerted practice if it substantially reduces competitive uncertainty.
Article 28 — Professional Associations
No professional association, syndicate or business federation may issue binding prices, quotas or rules restricting competition among its members beyond what professional legislation permits for legitimate and proportionate regulatory purposes.
Article 29 — Vertical Agreements
Distribution, resale, exclusivity and other vertical restraints are assessed by their market effects. Block exemptions may be issued where market shares and competitive benefits fall within safe limits.
Article 30 — Resale Prices
Imposing a fixed minimum resale price restricting a distributor's independence is prohibited. Recommended or maximum prices are permissible unless pressure or incentives effectively turn them into fixed prices.
Article 31 — Exclusivity
Exclusivity is not prohibited in itself. It is assessed by its duration, the parties' shares, market entry conditions, investments, benefits and costs to competitors and consumers.
Article 32 — Individual Exemption
A restrictive agreement may be exempted if its parties establish that it creates efficiencies, innovation or improved production or distribution, passes a fair share of benefits to consumers, imposes no unnecessary restraint, and does not eliminate competition in a substantial part of the market.
Article 33 — Minor Agreements
The Council may establish a market-share safe harbour for agreements without substantial effects. It does not apply to the serious agreements specified in Article (26).
Article 34 — Joint Ventures
Joint ventures are assessed by their purpose, independence and effects. A permanent autonomous entity falls under economic-concentration rules; cooperation between parent undertakings also falls under agreement rules.
Article 35 — Research and Development
Cooperation in research and development, technical standards or joint production is permissible where benefits and efficiencies outweigh restrictions and the agreement is not used to allocate markets or exclude innovation.
Article 36 — Intellectual Property Rights
Exercising an intellectual property right is not itself an infringement. However, an agreement or exploitation exceeding the substance of that right and unjustifiably restricting competition is subject to this Law.
Chapter Four — Abuse of Dominance
Article 37 — Dominance Is Not Prohibited in Itself
Acquiring or holding a dominant position through efficiency, investment or innovation is not prohibited; abusing that position is prohibited.
Article 38 — Determining Dominance
The Council considers market share and its persistence, entry barriers, buyer power, control of infrastructure or data, alternatives, financial capacity and network effects. Dominance is not established by a fixed percentage alone.
Article 39 — Examples of Abuse
Abuse may include exploitatively unfair prices or terms, predatory selling, refusal to deal, tying, unjustified discrimination, exclusionary exclusivity, restricting production or innovation, and using data or a platform to exclude competitors.
Article 40 — Predatory Pricing
Selling below cost with the intention or likely effect of excluding a competitor and subsequently recouping losses shall be assessed. Legitimate discounts to clear stock, enter a market or respond competitively are excluded unless exclusionary effects are established.
Article 41 — Refusal to Deal
Refusing access to an essential input or infrastructure that cannot reasonably be replicated may constitute abuse where the refusal threatens to eliminate competition and lacks objective justification. Access terms shall be fair.
Article 42 — Tying and Bundling
Tying a dominant product to another product or conditional bundling is subject to analysis where it excludes competitors or prevents consumer choice without an efficiency justification.
Article 43 — Discrimination
Applying different conditions to equivalent transactions, placing certain trading parties at a competitive disadvantage without objective justification, is prohibited.
Article 44 — Digital Platforms
In platform markets, the Council considers network effects, data, multiple market sides, switching costs and access to users. It may impose proportionate behavioural measures where abuse is established.
Article 45 — Remedies
The Council may order cessation of conduct, amendment of a term, provision of access or, exceptionally, a structural measure where behavioural remedies are insufficient and the structural remedy is proportionate to the infringement.
Article 46 — Commitments
Binding commitments addressing competition concerns may be accepted from an undertaking without a final infringement finding if sufficient and monitorable. This is not permissible for serious agreements except on exceptional grounds.
Chapter Five — Economic Concentrations and Mergers
Article 47 — Prior Control
Economic concentrations exceeding notification thresholds require Council approval before implementation. Control may not be completed or businesses integrated before a decision or expiry of the statutory period.
Article 48 — Notification Thresholds
Regulations set notification thresholds based on turnover, assets, transaction value or substantial activity in Iraq. They are reviewed periodically to avoid capturing small transactions or excluding major transactions because of an inaccurate preliminary market share.
Article 49 — Change of Control
A concentration includes any merger, direct or indirect acquisition of sole or joint control, or creation of a joint venture permanently performing the functions of an autonomous entity.
Article 50 — Successive Transactions
Related transactions between the same parties within a specified period may be aggregated if designed to evade notification thresholds.
Article 51 — First Phase
The Council examines a notification within thirty working days after the file is complete, approving the transaction if no substantial concerns arise or opening an in-depth review.
Article 52 — Second Phase
Review may be extended by up to ninety additional working days for transactions potentially reducing competition substantially. A limited further extension may be agreed with the applicant when complex commitments are submitted.
Article 53 — Decision Standard
The Council prohibits or conditionally approves a concentration likely to significantly impede effective competition, including by creating or strengthening dominance, removing important competition or increasing the likelihood of coordination.
Article 54 — Efficiency Analysis
Verifiable transaction-specific efficiencies are considered where they are likely to reach consumers in a timely manner and offset competitive harm.
Article 55 — Failing Undertaking
A concentration otherwise harmful to competition may be approved if the target would inevitably leave the market, no less harmful purchaser exists, and its assets would leave the market without the transaction.
Article 56 — Commitments
The Council may accept divestiture of a business, asset or right, a behavioural measure or another remedy addressing concerns. Structural remedies take priority where the problem is permanent market concentration.
Article 57 — Implementing Commitments
An independent monitor may be appointed, where necessary at the parties' expense, to oversee implementation. The Council may adjust deadlines without changing the remedy's substance.
Article 58 — Exemption from Standstill
The Council may grant a temporary exemption from standstill where necessary to prevent serious harm, subject to conditions preserving the possibility of restoring competition.
Article 59 — Implementation before Approval
Implementing a concentration before approval is a separate infringement. A sanction may be imposed and parties required to separate businesses or adopt interim measures.
Article 60 — Revocation of Approval
Approval may be withdrawn if based on materially misleading information or its conditions are breached, with due regard for the rights of good-faith third parties.
Article 61 — Public Interests outside the Competition Test
The Council does not incorporate general industrial or political considerations unrelated to competition into its technical test. Special legislation may establish a separate, public process for an exceptional national interest without changing the technical analysis findings.
Article 62 — Publication of Decisions
The Council publishes non-confidential versions of concentration decisions, their principal reasons, and the market-definition, analytical and remedial methodology.
Chapter Six — Compliance, Leniency and Settlement Programmes
Article 63 — Compliance Programmes
The Council encourages undertakings and associations to adopt effective compliance programmes including training, internal oversight, reporting mechanisms and risk reviews. An effective programme may be considered when determining a sanction without removing liability.
Article 64 — Leniency Programme
The Council establishes a leniency programme for serious agreements, granting the first undertaking to disclose a secret cartel and cooperate fully immunity or a substantial fine reduction under published conditions.
Article 65 — Leniency Conditions
Conditions include ending participation unless the Council requests limited continuation to protect the investigation, preserving evidence, not misleading the Council, cooperating fully, and not having coerced others into joining the cartel in cases specified by the policy.
Article 66 — Order of Leniency Applicants
The Council establishes a system recording application priority and an initial marker allowing applicants a short period to complete their information.
Article 67 — Confidentiality of Leniency Applications
Leniency statements are protected from public disclosure to the extent necessary to preserve programme effectiveness and defence rights, without depriving injured parties of other evidence needed for compensation claims.
Article 68 — Settlement
The Council may accept a settlement acknowledging the infringement and its facts in exchange for a limited sanction reduction and expedited decision, preserving deterrence and injured parties' rights.
Article 69 — Individual Cooperation
An officer's or employee's cooperation in revealing an infringement may be considered when determining an administrative sanction or referral, within legal limits.
Article 70 — Public Procurement Compliance
Procurement bodies cooperate with the Council to detect bid rigging using indicators and data patterns. No supplier is excluded on suspicion alone without a legal procedure.
Chapter Seven — Competition Enforcement and Sanctions
Article 71 — Cease-and-desist Orders
The Council may order cessation of an infringement and specific measures to restore competition and prevent recurrence.
Article 72 — Interim Measures
Interim measures may be issued on preliminary evidence and a risk of serious, irreparable harm to competition. They shall be time-limited and appealable.
Article 73 — Fines for Agreements and Abuse
An administrative fine of up to ten per cent of the undertaking's or group's total annual turnover in Iraq in the year preceding the decision may be imposed, considering gravity, duration, recurrence, cooperation and ability to pay.
Article 74 — Concentration Fines
Fines may be imposed for failure to notify, early implementation or misleading information. Rates and ceilings shall ensure deterrence and proportionality.
Article 75 — Daily Penalty Payments
A daily coercive penalty may compel an undertaking to implement a decision, provide information or comply with a remedy, at a specified percentage of daily turnover or an amount set by regulation.
Article 76 — Group Liability
A parent company may be liable for a subsidiary's infringement where it exercises decisive influence under Council criteria, with the right to establish independent conduct where appropriate.
Article 77 — Individual Liability
No competition fine is imposed on an employee or director merely because of their position. A person is accountable for intentionally concealing evidence, obstructing inspection or committing a separate offence.
Article 78 — Recurrence
Fines may be increased for a similar infringement repeated after a final decision and reduced for early cessation and effective cooperation, except in serious cartel cases.
Article 79 — Limitation Period
The power to impose a sanction expires five years after a continuing infringement ends. A formal investigative measure notified to the undertaking interrupts the limitation period.
Article 80 — Appeal
Final Council decisions may be appealed before the administrative judiciary or competent court designated by law. The court may review legality, facts and sanctions.
Article 81 — Stay Pending Appeal
An appeal does not automatically stay a decision. The court may grant a stay where serious harm is likely and the application is well-founded, and may require security for monetary fines.
Article 82 — Civil Compensation
Anyone directly harmed by a definitively established competition infringement may claim compensation for actual loss, lost profit and statutory interest under the rules of evidence.
Article 83 — Evidential Effect of Council Decisions
A final Council decision establishing an infringement is binding in civil proceedings as to its occurrence against the same parties. The claimant must still prove harm, causation and quantum.
Article 84 — Passing-on of Harm
A defendant may prove that a purchaser passed all or part of an overcharge to its customers. An indirect purchaser may establish harm under rules and presumptions determined by the court.
Article 85 — Collective Actions
An accredited consumer association or group of injured parties may bring a representative action under procedural law and applicable rules, particularly for cartels with widespread effects.
Article 86 — Civil Limitation Period
The limitation period for compensation begins when the injured party learns of the infringement, harm and responsible person's identity. It is suspended during the Council investigation for the period specified by civil rules.
Chapter Eight — Consumer Protection Council and Sectoral Bodies
Article 87 — Consumer Protection Council
A body named the Consumer Protection Council is established with legal personality and financial and administrative independence, attached to the Council of Ministers. It is the legal successor to the council provided for in Consumer Protection Law No. (1) of 2010 if that council exists when this Law enters into force.
Article 88 — Council Composition
The Council consists of a full-time chair, members representing relevant bodies, independent experts and consumer representatives. Regulations determine its composition to prevent domination by suppliers or a single executive body.
Article 89 — Consumer Council Functions
The Council receives complaints, investigates general consumer practices, issues administrative orders within its remit, coordinates recalls, prepares guidance and awareness materials, accredits consumer associations for representation, submits reports and proposes legislation.
Article 90 — No Duplication of Technical Oversight
The Consumer Council does not replace the Central Organization for Standardization and Quality Control, Ministry of Health, Ministry of Agriculture, Central Bank, Communications and Media Commission or any sectoral regulator in technical safety checks or licensing; it coordinates with them and uses their findings.
Article 91 — Central Organization for Standardization and Quality Control
The Organization remains the national technical body for standards, quality control, testing and calibration under its governing law, retaining its powers to sample, seize non-compliant products and take technical measures.
Article 92 — Ministry of Trade and Commercial Oversight
The Ministry of Trade continues its statutory commercial and market oversight functions and exchanges complaints and data with the Consumer Council, Competition Council and Organization.
Article 93 — Health, Food and Medicines
Health, pharmaceutical and food authorities' rules take precedence for product safety within their remit. Product recalls and risk warnings are coordinated with the Consumer Council.
Article 94 — Financial and Telecommunications Services
Consumer protection in banking, financial and telecommunications services remains under the relevant regulators, with this Law's general rights applying wherever they do not conflict with sectoral rules.
Article 95 — Unified Complaints Portal
The Consumer Council establishes a unified national complaints portal that automatically refers cases to the competent body, allows consumers to track progress and collects data on recurring patterns.
Article 96 — Coordination with the Competition Council
The Consumer Council and Competition Council may exchange information and studies and refer cases while retaining independent decision-making and their respective jurisdictions.
Article 97 — Annual Report
The Consumer Council publishes a report on complaints, recalls, misleading practices, the sectors causing greatest harm, compensation and recommendations.
Chapter Nine — Fundamental Consumer Rights
Article 98 — Right to Safety
Consumers are entitled to safe goods or services under reasonably foreseeable use and clear warnings about risks that cannot be eliminated.
Article 99 — Right to Information
Before contracting, consumers are entitled to accurate, clear information in Arabic on supplier identity, essential characteristics, total price, taxes, charges, warranty and cancellation terms, and material risks.
Article 100 — Right to Choose
Consumer choice may not be restricted through unnecessary tying, unsolicited additional services or pre-ticked consent boxes for extra payments.
Article 101 — Right to Fair Treatment
Exploiting a consumer's vulnerability, ignorance, need, age, disability or time pressure to impose unfair terms or commercial practices is prohibited.
Article 102 — Right to Redress
Consumers may request repair, replacement, price reduction, termination or compensation according to the breach and harm. Administrative sanctions do not preclude this right.
Article 103 — Right to Complain
Suppliers shall provide a reasonable complaints channel and contact information, responding within a period appropriate to the goods or services.
Article 104 — Protection of Vulnerable Groups
The needs of children, older people, persons with disabilities and those with digital or economic disadvantages shall be considered. Advertising, interfaces and services shall suit their ability to understand.
Article 105 — Language and Clarity
Essential mandatory information shall be in Arabic; other languages may be added. Technical language, small print or designs concealing an important cost or obligation shall not be used.
Article 106 — Non-waiver
Any term prospectively reducing the minimum consumer rights established by this Law is void.
Article 107 — Free Goods and Payment with Data
Appropriate protection applies to a digital service supplied without monetary payment where the supplier receives personal data or a valuable commercial benefit in return, subject to data-protection law.
Chapter Ten — Commercial Practices and Advertising
Article 108 — General Prohibition of Unfair Practices
Any commercial practice contrary to professional integrity that materially distorts or is likely to distort consumers' economic decisions is prohibited.
Article 109 — Misleading Practices
A practice is misleading if it includes false information or a presentation liable to deceive consumers about goods' or services' nature, characteristics, price, origin, results of use or their rights.
Article 110 — Misleading Omissions
Concealing material information, or presenting it ambiguously, late or unintelligibly, is misleading where that information is necessary for an informed decision.
Article 111 — Comparative Advertising
Comparative advertising is permissible if objective, verifiable, non-misleading, not unlawfully disparaging to competitors, and not comparing goods or services serving different purposes.
Article 112 — Health and Environmental Claims
No health, environmental, energy-saving or sustainability claim may be made without reliable evidence appropriate to its nature. Absolute claims such as “completely safe” or “environmentally friendly” require evidence commensurate with their breadth.
Article 113 — Advertising to Children
Stricter requirements apply to advertising directed at children. Exploiting their inexperience, directly urging them to buy goods or pressure parents, or concealing content's advertising nature is prohibited.
Article 114 — Influencer Advertising
Payment or commercial relationships in advertising through influencers or content creators must be clearly disclosed. An ambiguous label not understood by the usual audience is insufficient.
Article 115 — Reviews and Ratings
Publishing or purchasing fake reviews is prohibited, as is claiming reviews come from genuine purchasers without reasonable verification when making that claim.
Article 116 — Discounts
The reference price in a discount advertisement must be genuine and have applied for a reasonable preceding period specified by regulations. Artificially raising a price before discounting it is prohibited.
Article 117 — Limited Quantities
Advertising a price or product to attract consumers while knowing that reasonable quantities relative to the advertising scale are unavailable is prohibited unless the limited offer is clearly stated.
Article 118 — Aggressive Marketing
Coercion, harassment, disproportionate persistence, or exploiting a disaster, death or health need in a manner materially impairing consumers' freedom of choice is prohibited.
Article 119 — Telephone and Message Marketing
Commercial callers shall identify themselves and their purpose at the start of the call. Requests to stop marketing communications shall be respected under telecommunications and privacy rules.
Article 120 — Financing Advertisements
Advertisements for instalment purchases or financing shall prominently state the cash price, total cost, down payment, instalments and any interest, margin or mandatory fees.
Article 121 — Total Prices
The total unavoidable price shall be displayed, identifying mandatory taxes and charges included in it. Essential fees shall not be deferred until the final purchasing stage.
Article 122 — Sanctions for Continuing Practices
The Consumer Council may order an advertisement or practice stopped immediately where harm is widespread or recurring, preserving the supplier's rights to administrative challenge and judicial appeal.
Chapter Eleven — Consumer Contract Terms
Article 123 — Clear Terms
Contract terms shall use clear, legible language. Material terms concerning price, duration, renewal, cancellation and liability must be prominent before agreement.
Article 124 — Interpretation of Doubt
Doubt about a pre-drafted term is resolved in the consumer's favour if its meaning remains unresolved after applying general interpretation rules.
Article 125 — Unfair Terms
A term is unfair if, contrary to good faith, it creates a substantial imbalance in the parties' rights and obligations to the consumer's detriment.
Article 126 — Examples of Unfair Terms
Unfair terms may include unjustified liability exclusions, unilateral supplier rights to change prices or services without reason, hidden renewal, excessive termination penalties, or unfair restrictions on evidence or court access.
Article 127 — Effect of Unfair Terms
Only the unfair term is void if the contract can continue without it. The entire contract is void only if continuation is impossible or this better serves the consumer under the law.
Article 128 — Standard Contracts
The Consumer Council or sectoral regulator may review widely used standard contracts and issue directions or orders removing unlawful terms.
Article 129 — Automatic Renewal
Consumers must receive reasonable advance notice of automatic renewal of a long-term contract or paid subscription if it creates a new financial obligation or lengthy term.
Article 130 — Easy Cancellation
Where electronic subscription is available, cancellation must also be available electronically through a process not unreasonably more complex than subscribing.
Article 131 — Termination Charges
Early termination charges shall not exceed the supplier's reasonable resulting loss or cost and shall not penalise consumers so as effectively to prevent exit.
Article 132 — Unilateral Changes
A supplier may change a material element of an ongoing contract only for a reason specified in the contract, with clear notice and a right to terminate without penalty if the change is materially adverse.
Article 133 — Force Majeure in Consumer Contracts
Consumers shall not bear the cost of a service not delivered because of force majeure beyond actual costs or benefits received, according to the contract's nature and special legislation.
Article 134 — Statutory Guarantee
The statutory conformity guarantee remains independent of any paid or free commercial warranty. A commercial warranty may not be presented as the sole source of consumer rights.
Chapter Twelve — Conformity, Guarantees and Repair
Article 135 — Conformity of Goods
Goods conform if they meet the agreed description, quantity, quality, functions and purpose, are fit for ordinary purposes, and include accessories, instructions and updates that consumers reasonably expect.
Article 136 — Conformity of Services
Services shall be performed with professional skill and care, at the agreed time and price. Without a specified standard, the quality reasonably expected from a comparable provider applies.
Article 137 — Statutory Guarantee Period
Regulations establish minimum periods according to the nature of goods, generally no less than two years from delivery for new durable goods. Longer periods may apply in particular sectors or according to expected product lifespan.
Article 138 — Used Goods
A shorter statutory guarantee may be agreed for used goods if expressly disclosed to the consumer and not below the regulatory minimum.
Article 139 — Presumption when Defects Appear
Non-conformity appearing within a period prescribed by regulation after delivery is presumed to have existed upon delivery unless incompatible with the goods' or defect's nature. A minimum one-year presumption may be prescribed.
Article 140 — Repair or Replacement
Consumers may request repair or replacement without cost and within a reasonable time unless the remedy is impossible or manifestly disproportionate.
Article 141 — Price Reduction or Termination
Price reduction or termination may be requested where repair and replacement are impossible, not completed within a reasonable time, the defect recurs, or it is serious enough to justify immediate termination.
Article 142 — Minor Defects
A contract shall not be terminated for a minor defect where repair or reduction is sufficient. In a dispute, the supplier bears the burden of proving the defect is minor.
Article 143 — Remedy Costs
The supplier bears transport, labour and material costs necessary for the statutory remedy. Consumers shall not pay inspection fees where non-conformity is established.
Article 144 — Installation
Incorrect installation constitutes non-conformity if installation formed part of the contract, was performed by the supplier, or resulted from inadequate instructions supplied.
Article 145 — Digital Updates
Products containing digital elements essential to their functioning shall receive necessary performance and security updates for the period consumers reasonably expect or the contractual period, whichever is more appropriate.
Article 146 — Discontinuing Updates
An update or its discontinuation shall not materially reduce agreed product functionality without legal grounds, or notice and an appropriate remedy.
Article 147 — Spare Parts
Regulations may specify durable-goods categories for which producers or importers must provide spare parts and maintenance for a disclosed, reasonable period.
Article 148 — Commercial Warranties
Commercial warranties must state their duration, scope, responsible party and claims process, and that they do not diminish statutory rights.
Article 149 — Purchase Receipts
Consumer rights shall not be refused merely because a receipt is lost if purchase and date can be established by other reliable means.
Article 150 — Short-lived Goods
Remedies shall reflect the nature of food, medicines and perishable goods. Safety and recall rules take precedence over repair rights.
Chapter Thirteen — Electronic Commerce and Distance Contracts
Article 151 — Online Trader Identity
Before contracting, a store or platform must provide the trader's name, address, effective contact details, registration number where applicable, price and main terms.
Article 152 — Order Confirmation
Clicking a button or link does not constitute binding acceptance unless it clearly indicates an obligation to pay. A retainable electronic confirmation must be sent after contracting.
Article 153 — Right of Withdrawal
In a distance contract, consumers may withdraw without giving reasons within fourteen days of receiving goods or concluding a service contract, unless a specified exception applies.
Article 154 — Commencement of the Period
If the supplier fails to inform the consumer of the statutory withdrawal right, the period extends until information is provided, subject to a regulatory maximum of no more than twelve additional months.
Article 155 — Effects of Withdrawal
The supplier refunds sums received within fourteen days of withdrawal notification. The goods' price may be withheld until their receipt or evidence of return.
Article 156 — Return Costs
Consumers bear direct return costs if informed before contracting; otherwise the supplier bears them, unless the supplier undertook to provide free returns.
Article 157 — Withdrawal Exceptions
The withdrawal right does not apply to personalised goods, perishable goods, health-sealed goods once opened, services fully performed after express consent, digital content whose supply began after consumer consent and acknowledgement of losing the withdrawal right, or other cases prescribed by law or regulation.
Article 158 — Choice Interfaces
Designing digital interfaces that deceive or pressure consumers into decisions they would not freely make is prohibited, including concealing refusal buttons or deliberately complicating cancellation.
Article 159 — Paid Ranking
Where payment or commission affects search-result or display rankings on a platform, this must be disclosed intelligibly.
Article 160 — Seller Identity on Platforms
A platform must state, insofar as it can verify, whether a seller is a trader or non-professional individual, and explain the allocation of responsibilities between platform and seller.
Article 161 — Reasonable Platform Verification
Platforms enabling traders to sell to consumers shall take reasonable steps to verify trader identity, contact details and registration before permitting sales, updating them when inconsistencies emerge.
Article 162 — Removing Unlawful Listings
Upon a lawful order concerning a dangerous product or unlawful advertisement, platforms shall promptly remove the listing and prevent its reappearance using the same information within reasonable technical limits.
Article 163 — Payments
Payment-method charges exceeding costs or legal limits are prohibited. Currency and conversion rate or its basis must be displayed before confirmation when payment uses a different currency.
Article 164 — Delivery
Suppliers must deliver by the agreed date or within thirty days if none is specified, unless the goods' nature or agreement requires otherwise.
Article 165 — Loss during Transport
Risk of loss remains with the supplier until receipt by the consumer or their designated person, unless the consumer selected an independent carrier not offered by the supplier.
Article 166 — Digital Tickets and Bookings
Total-price, cancellation, refund and commission rules apply to transport tickets, bookings and digital services, subject to sectoral legislation.
Article 167 — Digital Subscriptions
Subscription duration, renewal, post-trial price and cancellation procedures must be disclosed before contracting. Consumers must be notified before a free trial automatically becomes paid.
Article 168 — Digital Content
Digital content must match its promised description, function, compatibility and security. Consumers have remedies for non-conformity even where personal data is the consideration in cases covered by this Law.
Article 169 — Support for Connected Devices
The period of essential security updates and support for internet-connected devices must be disclosed before sale where specified or ascertainable.
Article 170 — Cross-border Commerce Jurisdiction
A choice-of-foreign-law or foreign-court clause shall not deprive a consumer resident in Iraq of this Law's mandatory protection where the trader directs activities to Iraq, subject to jurisdictional rules and agreements.
Chapter Fourteen — Product Safety and Recalls
Article 171 — General Safety Duty
No product may be placed or remain on the market if unsafe under normal or reasonably foreseeable use, considering its nature, users and duration of use.
Article 172 — Safety Assessment
Safety assessment considers design, composition, packaging, instructions, warnings, interaction with other products, digital characteristics, cybersecurity and vulnerable groups.
Article 173 — Mandatory Standards
Products subject to mandatory Iraqi standards, technical regulations or sectoral requirements must comply. Compliance does not preclude liability if a risk emerges that the standard did not address.
Article 174 — Producer Obligations
Producers verify safety before marketing, retain technical information and batch traceability, monitor complaints and incidents, and take corrective action when a risk is discovered.
Article 175 — Importer Obligations
Importers verify producer identity, documentation, labelling and conformity, retain supplier and batch records, and cooperate in recalls and traceability.
Article 176 — Distributor Obligations
Distributors exercise professional care, check visible labelling requirements and storage conditions, and shall not supply products they know or ought to know are dangerous or recalled.
Article 177 — Traceability
Economic operators must be able to identify who supplied products to them and whom they supplied in the commercial chain as appropriate. Digital identifiers, batch numbers or response codes may be used.
Article 178 — Serious Incidents
Producers or importers must notify the competent technical authority of a serious incident, death or widespread product-related risk within a period prescribed by regulation. Notification is not an admission of civil liability.
Article 179 — Corrective Action
Corrective action includes warnings, repairs, updates, stopping sales, withdrawal from distribution or recall from consumers according to the risk level.
Article 180 — Recall
Where recall is necessary, producers or importers bear notification, collection, repair, replacement, refund and safe-disposal costs. Consumers bear no cost associated with eliminating the risk.
Article 181 — Recall Plan
The plan must identify affected products and batches, risks, consumer contact methods, remedies, timing and reach measurement, under competent-authority supervision.
Article 182 — Digital Recall
Registration, account or platform data may notify the current owner of a recalled product, subject to data protection and use solely for safety.
Article 183 — Online Platforms
Upon an order or reliable notification concerning a dangerous product, a platform removes the listing, notifies identifiable affected sellers and purchasers, and cooperates with the recall.
Article 184 — Recall Register
A public national register of recalls and warnings for non-food and non-pharmaceutical products is established, integrating sectoral registers for food, medicines, vehicles and other products.
Article 185 — Voluntary Recall
Suppliers are encouraged to act voluntarily upon discovering risks. Prompt response and cooperation may be considered when assessing administrative sanctions without affecting compensation rights.
Article 186 — Unidentifiable Producer
Where the responsible producer of a dangerous imported or unknown-origin product cannot be identified, the product may be detained or prohibited from circulation under technical procedures until origin and safety are established.
Article 187 — Public Warning
The competent technical authority may publish an urgent public warning of serious risk. It must be accurate, proportionate and updated or withdrawn when information changes.
Article 188 — Border Cooperation
Customs, border-crossing authorities, the Central Organization and sectoral bodies cooperate to prevent entry of prohibited or recalled products and verify conformity certificates without unnecessarily obstructing trade.
Chapter Fifteen — Liability for Defective Products
Article 189 — Strict Liability
Producers are liable for damage caused by defective products without proof of negligence or fault. Injured parties must prove damage, defect and causation under this Chapter.
Article 190 — Liable Persons
Liability attaches to the final producer, component or raw-material producer where the defect lies therein, anyone presenting themselves as producer by placing their name or trademark on the product, and the importer into Iraq.
Article 191 — Representatives and Distributors
Where no producer or importer in Iraq can be identified, the authorised representative or distributor placing the product on the market is liable unless, within a reasonable time, they identify to the injured party a responsible person amenable to suit in Iraq.
Article 192 — Platform Liability
A platform is not a producer merely because it acts as intermediary. It may nevertheless be liable under this Chapter if it offers products under its own name or exercises commercial control leading consumers reasonably to regard it as the supplier, or under statutory intermediary-liability rules.
Article 193 — Meaning of Product
Products include movable property, electricity, components, and embedded or interconnected software necessary for product safety or functioning. Pure professional services are excluded except insofar as harm arises from a defective product.
Article 194 — Defect Standard
A product is defective if it fails to provide the safety the public is reasonably entitled to expect. Inferior quality alone or the subsequent availability of a newer product is not required to establish this.
Article 195 — Defect Assessment Factors
Assessment considers presentation, foreseeable use, time of marketing, regulatory requirements, recalls, post-market learning capability, updates, cybersecurity, interaction with other products and vulnerable groups' needs.
Article 196 — Design Defects
Design is defective where risk is unreasonable relative to benefits, the availability of a feasible safer alternative and anticipated cost, considering the product's nature and purpose.
Article 197 — Manufacturing Defects
A product has a manufacturing defect where it departs from the design, specifications or comparable products to which it should conform, making it less safe.
Article 198 — Warning and Instruction Defects
A product is defective if it lacks adequate warnings or instructions about a reasonably foreseeable, non-obvious risk. Warnings do not compensate for a dangerous design that could reasonably be avoided.
Article 199 — Digital Defects
A defect may arise from inadequate cybersecurity, a software update, absence of a required security update, or software interaction exposing users to unreasonable risk.
Article 200 — Continuous Learning and Updates
Where a product remains under its producer's control after marketing through updates or interconnected services, that control is considered in determining when the defect existed and liability for subsequent modification.
Article 201 — Compensable Damage
Damage includes death, medically established physical and psychological injury, damage to property primarily intended for personal use, and loss or corruption of data not used professionally, with consequential losses compensated under civil law.
Article 202 — Damage to the Product Itself
Strict-liability compensation does not cover the defective product's price where no other harm occurs. Guarantee, conformity and contractual rights remain available.
Article 203 — Multiple Liable Persons
Where several persons are responsible for the same harm, they are jointly and severally liable to the injured party, with contribution rights among themselves according to each one's contribution.
Article 204 — Producer Defences
A producer may defeat liability by proving it did not place the product on the market; the defect arose subsequently for a reason not attributable to it; the product was not manufactured or distributed in an economic activity; or the defect resulted exclusively from complying with a binding rule it could not disobey.
Article 205 — Development Risks
A producer may argue that objectively available scientific and technical knowledge when the product was marketed did not permit detection of the defect. This defence is unavailable where the product remained under its control and it could subsequently have detected and addressed the risk through a reasonable update or warning.
Article 206 — Components
A component producer is exempt if it proves the defect is exclusively attributable to the final product's design or its producer's binding instructions and the component was not itself defective.
Article 207 — Injured Party's Fault
Compensation may be reduced where the injured party's fault causally contributed to harm. Third-party conduct does not reduce liability if the defect remained a sufficient cause, without prejudice to recourse against that third party.
Article 208 — Disclosure of Evidence
On facts making a claim plausible, the court may require a producer to disclose specific relevant technical evidence within its control, protecting trade secrets and security-sensitive information.
Article 209 — Presumption of Defect
The court may presume a defect where the defendant fails to comply with a disclosure order, the product breaches a mandatory safety requirement relevant to the risk, or an obvious malfunction occurs during foreseeable use.
Article 210 — Presumption of Causation
Causation may be presumed where a defect is established and the harm is of a kind ordinarily consistent with it, subject to the defendant's right to rebut the presumption.
Article 211 — Scientific Complexity
Where scientific or technical complexity creates excessive evidential difficulty and the injured party establishes the likelihood of defect or causation, the court may use reasonable presumptions and allocate the burden of proof fairly.
Article 212 — Limitation of Claims
Liability claims expire three years after the injured party knew or could have known of the harm, defect and liable person's identity, subject to suspension and interruption rules.
Article 213 — Long-stop Period
No claim is heard ten years after the harmful product was placed on the market. The limit may be extended for products whose harm emerges much later or which remain under producer control, as prescribed by law.
Article 214 — No Contractual Exclusion
Any term prospectively excluding or limiting liability under this Chapter towards an injured person is void.
Article 215 — Relationship with Other Liability
This Chapter does not prevent reliance on contract, tort, defect guarantees or special legislation providing other protection, but no double recovery is permitted for the same harm.
Chapter Sixteen — Administrative Consumer Protection Enforcement
Article 216 — Investigation
The Consumer Council may investigate widespread or recurring infringements on complaint, referral or its own initiative, requesting necessary documents and information within legal limits.
Article 217 — Joint Inspections
Joint inspections may be organised with the Central Organization, health and commercial oversight bodies and sectoral authorities, each remaining within its statutory powers.
Article 218 — Orders to Stop Infringements
The Council may order cessation of misleading practices, unfair terms, refusal to refund sums due or information-duty breaches after hearing the supplier, except where harm is urgent.
Article 219 — Interim Measures
An interim order stopping advertising, sales or practices may be issued on strong indications of widespread harm or risk to health or property, subject to urgent review.
Article 220 — Refunds
For clear, widespread infringements, the Council may require suppliers to establish refund or repair programmes for affected consumers, without precluding court proceedings.
Article 221 — Commitments
A binding commitment covering cessation, correction, compensation and publication may be accepted if sufficient to protect consumers and capable of monitoring.
Article 222 — Administrative Fines
Fines may reflect gravity, the number affected, benefit gained, intent, recurrence and supplier size. Regulations establish ceilings ensuring deterrence without excess.
Article 223 — Widespread-practice Fines
For infringements affecting many consumers or large digital platforms, the maximum fine may be linked to Iraqi turnover as prescribed by law or regulation.
Article 224 — Publication of Decisions
A final decision, supplier name, infringement and remedy may be published where serving deterrence and consumers, with due regard for stability, markets and rights.
Article 225 — Management Liability
Action may be taken against a director who intentionally ordered or knowingly approved an infringement; position alone does not establish liability.
Article 226 — Licence Suspension
Where an infringement concerns a licensed activity, the Consumer Council refers its decision to the sectoral regulator to consider suspension or revocation under its governing law.
Article 227 — Appeal
Final Consumer Council decisions are subject to administrative challenge and appeal before the competent judiciary. A stay may be requested under general rules.
Article 228 — Administrative Limitation Period
No fine is imposed five years after a continuing infringement ends. A formal investigative measure interrupts limitation.
Article 229 — No Duplicate Sanctions
Two administrative bodies shall not impose two penalties for the same conduct on the same legal basis without coordination. This does not prevent separate liabilities for different infringements.
Article 230 — Criminal Referral
Where fraud, forgery, deliberate danger or another offence emerges, facts are referred to the Public Prosecution or competent authority. Administrative sanctions do not replace criminal liability.
Chapter Seventeen — Collective Redress and Dispute Resolution
Article 231 — Direct Settlement
Suppliers must attempt to resolve complaints within a reasonable time and may not require consumers to waive statutory rights as a condition of considering complaints.
Article 232 — Consumer Mediation
Accredited mediation and alternative dispute-resolution centres or platforms may be established for low-value consumer disputes, using simple, digital and inexpensive procedures.
Article 233 — No Compulsory Pre-dispute Consumer Arbitration
A pre-dispute arbitration clause in a consumer contract is not binding if it denies court access or imposes disproportionate costs. Arbitration may be freely agreed after a dispute arises.
Article 234 — Accredited Associations
The Consumer Council may accredit independent non-profit associations to represent collective consumer interests under governance, transparency and conflict-of-interest standards.
Article 235 — Representative Injunction Actions
An accredited association or the Consumer Council may seek a court order stopping unlawful practices affecting a consumer group without proving each individual's harm separately.
Article 236 — Representative Compensation Actions
Actions may seek compensation or refunds for a defined or identifiable consumer group where common factual and legal issues predominate, under procedures prescribed by procedural law.
Article 237 — Collective-action Funding
External funding of representative actions must be disclosed. Courts may reject funding or its terms where creating conflicts of interest or unfair control over settlement.
Article 238 — Collective Settlements
A collective settlement takes effect only after court approval of its fairness, clarity of beneficiaries, compensation method, fees and notification.
Article 239 — Preventing Double Recovery
Amounts received for the same harm through refunds, individual settlements or insurance are deducted from collective compensation.
Article 240 — Publication and Correction Orders
The court or Council may require a supplier to publish a correction, warning or compensation-claim procedure through the same or comparable medium as the unlawful advertisement.
Article 241 — Court Fees
Fees may be reduced or procedures simplified for low-value consumer claims under fee and procedural legislation to ensure practical access to justice.
Article 242 — Digital Evidence
Electronic invoices, confirmation messages, platform records, conversations and technical data are admissible under evidence and electronic-transactions law.
Chapter Eighteen — Coordination between Competition, Consumer Protection and Technical Bodies
Article 243 — Market Coordination Committee
A standing committee comprising the Competition Council, Consumer Council, Central Organization for Standardization and Quality Control, Ministry of Trade and relevant sectoral bodies exchanges information and coordinates shared cases without affecting decision-making independence.
Article 244 — Shared Data Portal
Secure data-exchange infrastructure covers complaints, recalls, mergers, infringements and markets to prevent duplicate requests and detect patterns, protecting personal data and trade secrets.
Article 245 — Inter-agency Referrals
Where conduct falls primarily within another body's jurisdiction, the file and available information are referred promptly and the complainant is informed of the body handling the matter.
Article 246 — Mixed Cases
Parallel proceedings may address distinct competition and consumer infringements arising from the same conduct, with coordinated remedies and fines to prevent conflict or duplication.
Article 247 — Product Safety and Competition
The Council may not block a necessary recall or safety standard on competition grounds. It may recommend neutral design that confers no unnecessary advantage on a producer or supplier.
Article 248 — Crisis Pricing
Where government imposes temporary crisis price measures, the Competition Council reviews their effects and recommends termination or adjustment once necessity ends, preventing shortages, barriers or protected cartels.
Article 249 — Public Procurement
Procurement bodies and the Competition Council exchange tender data to detect collusion. The Consumer Council may participate where contracts concern public-facing services directly affecting consumers.
Article 250 — Digital Markets
Joint studies may examine digital markets combining platform power, consumer behaviour, data, subscriptions, rankings and algorithms, allocating recommendations by jurisdiction.
Chapter Nineteen — Transitional and Final Provisions
Article 251 — Continuity of the Competition Council
The Competition and Anti-Monopoly Affairs Council, its structure, staff, decisions and ongoing procedures continue. Its internal regulations shall be aligned with this Law within twelve months.
Article 252 — Competition Instructions of 2026
Instructions No. (1) of 2026 facilitating implementation of Competition and Anti-Monopoly Law No. (14) of 2010 remain effective insofar as consistent, for no more than eighteen months or until replaced, whichever occurs first.
Article 253 — Pending Competition Cases
Investigations and cases opened before entry into force continue under the previous law where more favourable to the undertaking regarding sanctions. New procedural rules may apply where not affecting acquired rights.
Article 254 — Existing Mergers
Transactions lawfully completed before entry into force are not retrospectively notifiable. Incomplete transactions are subject to Council-issued transitional rules.
Article 255 — Formation of the Consumer Council
If the Consumer Protection Council under Law No. (1) of 2010 has not actually been constituted upon entry into force, it shall be constituted within one hundred and eighty days. If already constituted, it continues with composition adjusted under this Law.
Article 256 — Continuing Technical-authority Powers
The Central Organization for Standardization and Quality Control and health, commercial and sectoral oversight continue operating during transition, retaining their powers.
Article 257 — Pending Complaints
Complaints submitted under the previous Consumer Protection Law transfer to the competent body under this Law without resubmission.
Article 258 — Previous Guarantees and Contracts
New substantive rights apply to contracts and products placed on the market after entry into force. Earlier rights remain governed by the law then applicable unless a new provision is procedural or more favourable to consumers without affecting a settled legal position.
Article 259 — Prior Product Liability
Strict product-liability provisions apply to products placed on the market after the relevant Chapter enters into force and do not apply retrospectively to earlier harm.
Article 260 — Recall Register
The national recall register is established within nine months, progressively connecting the Central Organization's and sectoral bodies' systems.
Article 261 — Complaints Portal
The unified consumer complaints portal launches within twelve months. Existing government platforms may be used instead of a parallel system if capable of performing the function.
Article 262 — Electronic-commerce Rules
Regulations on withdrawal rights, platforms, discounts, reviews and subscriptions are issued within six months, considering applicable electronic-commerce and digital-transactions rules.
Article 263 — Merger Notification Thresholds
Within six months, the Competition Council issues notification-threshold regulations and methods for calculating turnover, transaction value and links between transactions. Threshold effects are assessed after two years.
Article 264 — Leniency Programme
The Council issues leniency and settlement policy within nine months, specifying confidentiality, cooperation and applicant-priority safeguards.
Article 265 — Transition from the Fifty-per-cent Criterion
Exceeding a fifty-per-cent share alone no longer automatically prohibits a merger or establishes monopoly after this Law enters into force. It is replaced by economic analysis of dominance and significant impediment to competition.
Article 266 — Digital Consumer Protection
Within one year, government reviews the Electronic Signature and Electronic Transactions Law and related legislation for consistency with consumer rights concerning distance contracts, data and evidence.
Article 267 — Product and Software Liability
Within one year, regulations issue guidance on products with digital elements, cybersecurity, updates and technical evidence, without delaying the basic liability rule.
Article 268 — Amendment of Procedural Law
Within one year, government submits necessary procedural amendments for representative actions and evidence disclosure in competition and product-liability cases if general rules are insufficient.
Article 269 — Repeal of the Previous Competition Law
Competition and Anti-Monopoly Law No. (14) of 2010 is repealed upon this Law's entry into force, with the Competition and Anti-Monopoly Affairs Council continuing as the same institutional successor.
Article 270 — Repeal of the Previous Consumer Protection Law
Consumer Protection Law No. (1) of 2010 is repealed upon this Law's entry into force. Consistent institutions and procedures continue under transitional provisions.
Article 271 — Sectoral Legislation
This Law does not repeal laws on standardisation, quality control, health, food, medicines, telecommunications, banking, insurance, transport or other safety and user-protection laws. Where provisions overlap, the higher compatible protection applies.
Article 272 — Regulations and Instructions
The Council of Ministers, both Councils and sectoral bodies, within their respective jurisdictions, issue necessary regulations and instructions within one hundred and eighty days unless another period is specified.
Article 273 — Impact Review
After three years, government reports to the Council of Representatives on effects on market concentration, cartel and merger cases, complaints, recalls, compensation, electronic commerce and product liability.
Article 274 — Entry into Force
This Law enters into force one hundred and eighty days after publication in the Official Gazette. Transitional provisions follow their specified deadlines.
Statement of reasons
This Law is enacted to modernise competition and consumer-protection legislation in light of evolving markets, mergers, platforms, electronic commerce and products with digital components; strengthen the Competition and Anti-Monopoly Affairs Council's independence and effectiveness; activate consumer-protection mechanisms in coordination with existing technical bodies; prevent cartel agreements and abuse of dominance and control economic concentrations; provide clear contractual, advertising, guarantee and distance-commerce rights; and regulate product safety, recalls, strict liability and collective redress.
Explanatory memorandum
1. Why replace the two laws of 2010?
Both laws laid important foundations. Modernising competition alone would leave digital consumer protection and product liability outside reform, while modernising consumer protection alone would retain the old merger test. A unified law enables a modern “market law” while keeping enforcement institutions separate by jurisdiction.
2. Why not abolish the existing Competition Council?
The Council has become an operational institution providing services, investigations and instructions in 2026. Creating a new authority would waste institutional development. The same Council therefore continues, with only its powers and procedures modernised.
3. Why not rely on a 50% share?
Market share is an important indicator, not the conclusion. An undertaking with a lower share may have substantial power through entry barriers, networks or data; a transaction exceeding 50% may operate in a wider market or generate major efficiencies. The modern test focuses on actual or potential competitive harm.
4. Consumer Council and Technical Bodies
Standardisation, health and medicines require specialist laboratories and technical expertise that should not be transferred to a complaints council. The Consumer Council therefore focuses on commercial conduct, contracts, rights, coordination and compensation, while dangerous products remain supervised by the competent technical authority.
5. Strict Product Liability
When a defective product causes injury, proving manufacturer fault may be harder than proving that the product was unsafe. The draft therefore separates “defect” from “negligence”, makes producers liable subject to defined defences, and permits judicial presumptions where science is complex or evidence is controlled by one party.
6. Software and Cybersecurity
A modern vehicle, device or medical system may become dangerous because of software or a security update, not merely a mechanical component. Liability therefore covers digital components connected to product safety, especially where updates keep products under manufacturer control.
7. Withdrawal Rights
Distance contracts prevent traditional inspection of goods. The draft therefore generally provides a 14-day period, with exceptions for personalised and perishable goods, digital content and services performed with express consent.
8. Collective Redress
Each consumer may lose too little to justify individual proceedings while aggregate unlawful gains are substantial. Representative actions address that gap under judicial supervision of funding and settlement and safeguards against double recovery.
Competition and Mergers
The proposal transforms competition regulation from a list of prohibitions into a complete enforcement framework: prohibiting serious agreements, analysing other agreements, preventing abuse of dominance, prior merger control, judicially authorised inspections, cartel-detection leniency, commitments and remedies, and fines linked to Iraqi market activity.
It also adds competition assessment of legislation and regulations. Monopoly sometimes results from a government decision limiting licence numbers or unnecessarily requiring a single business model. The Council can suggest less restrictive alternatives achieving the same objective, consistent with the OECD Competition Assessment Toolkit.
Consumer Protection and Digital Commerce
The proposal defines consumers primarily as natural persons acting for personal or family purposes, closer to modern consumer protection than extending the concept to all legal persons. Small businesses remain protected by competition, contract and other commercial rules.
In digital commerce, the law moves rights from “reading lengthy terms” into transaction design: final prices are visible, purchase buttons disclose payment obligations, cancellation is no harder than subscription, and paid reviews and rankings must be disclosed. It also prohibits deceptive interfaces deliberately making refusal or exit harder than acceptance.
Product Safety and Liability
The proposal separates two functions: market safety before harm and compensation afterwards. Safety relies on traceability, monitoring, reporting, recalls and coordination with the Central Organization and health authorities. Civil liability arises when a defective product causes harm, even without a prior administrative infringement finding.
The framework draws on recent comparative product-liability developments, including European Directive 2024/2853, which broadened product concepts, evidence and presumptions in technological settings. It does not copy the European Union system or implementation dates, but uses legal reasoning addressing software, updates and injured persons' difficulty accessing technical evidence.
Enforcement and Redress
The law combines public and private enforcement. The Competition and Consumer Councils stop infringements and impose administrative measures, while individuals retain judicial compensation rights. Government fines do not replace the rights of those overcharged by cartels or injured by defective products.
Representative actions enable accredited associations to stop practices or seek collective refunds, subject to court oversight of interests, funding and settlement to prevent litigation becoming a business or an instrument of unlawful pressure.
Legislative alignment
| Framework | Treatment |
|---|---|
| Competition and Anti-Monopoly Law No. (14) of 2010 | Repeal and replacement while retaining the same Competition Affairs Council. |
| Instructions No. (1) of 2026 Facilitating Implementation of the Competition Law | Transitional continuation insofar as consistent until replacement. |
| Consumer Protection Law No. (1) of 2010 | Repeal and replacement, with a modernised Consumer Protection Council. |
| Law of the Central Organization for Standardization and Quality Control and Standards | Remains the reference for technical testing, standards, calibration and quality control. |
| Civil Code | Remains the reference for general liability and compensation; the product-liability Chapter provides special rules for defective products. |
| Electronic Signature and Electronic Transactions Law | Complements digital commerce and requires a harmonisation review within one year. |
| Health, Food, Medicines, Telecommunications and Banking Laws | Take precedence in sectoral safety and technical regulation and complement general consumer rights. |
Financial and Implementation Implications
Competition reform requires no new institution because the Competition Affairs Council is already operating. Additional costs concern industrial-economics expertise, data analysis, merger review, leniency and case-management systems.
Consumer-protection costs depend on the Consumer Protection Council's actual institutional position at implementation. The law permits continuity if constituted, or formation within the originally prescribed structure, avoiding transfer of laboratories and technical oversight from existing bodies. Technology costs include the complaints portal, recall register and inter-agency connections.
No artificial financial estimate is assigned to compensation or benefits. Economic effects emerge through lower cartel margins, prevention of harmful mergers, greater trading confidence, reduced product harm and cheaper small disputes; these require subsequent measurement using actual data.
Transition and Implementation
The proposal preserves continuity of the Competition Council, the 2026 instructions and open cases, allowing six months for merger-notification thresholds rather than suspending oversight during transition. It also gives the Consumer Council and technical bodies time to develop the complaints portal and recall register.
Strict product liability is not retrospective for products marketed before its provisions take effect, since changing liability grounds after an event affects legal positions. New procedures, portals and evidentiary methods apply under transitional rules where no acquired right is affected.
International Standards Relevant to Iraq
The United Nations Guidelines for Consumer Protection, updated by General Assembly Resolution 70/186, establish principles of safety, information, economic-interest protection, access to redress, dispute resolution and electronic commerce, leaving each country to design institutions suited to its circumstances.
The OECD Competition Assessment Toolkit provides a method for examining regulatory restrictions on supplier numbers, competitive ability and incentives, relevant to Iraq as economic reform and the private sector expand. European Directive 2024/2853 provides a recent product-liability comparison addressing digital products and evidential difficulties, without binding Iraq.
Sources and references
- Ministry of Justice — Competition and Anti-Monopoly Law No. (14) of 2010Official reference for the current law establishing the competition and anti-monopoly framework.
- Competition and Anti-Monopoly Affairs Council — About the CouncilDocuments the Council's continuity and functions concerning practices, mergers, cooperation and annual reporting.
- Competition and Anti-Monopoly Affairs Council — Electronic ServicesDocuments electronic submission of merger and acquisition registration applications and complaints in 2026.
- Ministry of Justice — Iraqi Official Gazette Issue 4863, dated 30/3/2026Documents Instructions No. (1) of 2026 facilitating implementation of Competition and Anti-Monopoly Law No. (14) of 2010.
- Competition Affairs Council — Investigation and Monitoring Activities in 2026Documents actual Council investigations, inspections and monitoring of markets and mergers during 2026.
- Ministry of Trade — Consumer Protection Law No. (1) of 2010Government text of the Consumer Protection Law defining consumers, suppliers and advertisers and establishing the Consumer Protection Council.
- Ministry of Justice — Legislation Index: Consumer Protection LawOfficial source confirming continued publication of Consumer Protection Law No. (1) of 2010 among Iraqi legislation.
- Central Organization for Standardization and Quality Control — Consumer Protection Campaigns, 6/10/2026Documents continuing oversight of goods' fitness and conformity and coordination between the Organization, Ministries of Trade and Health, and security bodies.
- Central Organization for Standardization and Quality Control — Imported Goods Test Results, 11/5/2026Recent example of the Organization's role in conformity testing, labelling and market product safety.
- United Nations/UNCTAD — United Nations Guidelines for Consumer ProtectionInternational reference for consumer rights, safety, information, redress, dispute resolution and electronic commerce.
- OECD — Competition Assessment ToolkitReference for assessing government restrictions on competition and choosing less restrictive alternatives achieving public objectives.
- European Union — Directive (EU) 2024/2853 on Liability for Defective ProductsRecent comparative reference for strict liability for defective products and software, and evidence and presumptions in technical cases.
- UNCTAD — United Nations Guidelines for Consumer Protection, official textOfficial text of the revised principles adopted by United Nations General Assembly Resolution 70/186 of 2015.
Proposed legislation within Ali Zuweid's Political Programme · Prepared by Ali Zuweid