Turkish Abstract: İşbu makalede ilk olarak, Avrupa Birliği Komisyonu, Avrupa Genel Mahkemesi ve Avrupa Birliği Adalet Divanı'nın, Intel Corporation kararındaki değerlendirmeleri özetlenmiş ve bu doğrultuda, ABAD'ın farklılaşan değerlendirmelerine vurgu yapılarak bunların AB ve...

In June 2014, the Court of Justice of European Union (“CJEU”) resolved an important debate on whether the damages arising from the “umbrella effects” of cartel actions may be claimed for compensation by umbrella customers. In its Kone ruling, the CJEU declared that victims of harm...

English Abstract: Compliance programs are an invaluable tool in preventing antitrust violations. Some argue that the increased risk of cartel discovery stemming from the implementation of leniency programs, which help competition authorities uncover cartels, already provides sufficient incentive...

Leniency applicants take on significant risks by self-reporting behaviors that may constitute competition law violations.To balance these risks, the requirements for conditional immunity should be set fairly by competition authorities, particularly when it comes to revoking immunity. This...

The prevalent use of ‘‘most favored nation'' (MFN) clauses in commercial agreements has garnered significant attention in the economics and legal literature and by practitioners and enforcement agencies. From an antitrust standpoint, there is a strong consensus that while MFN provisions can...

Both anti-corruption law and anti-trust law aim to create a level playing field and they are complementary to each other in support of this aim. Given the indispensable nature of both fields in terms of reaching social welfare, it is striking how differently society reacts to the breaching...

The final destination and the ultimate goal that we put forth in our article is that the Turkish Competition Board should include innovation considerations in its merger control analyses by employing dynamic tools. Accordingly, we contend that the Turkish Competition Board should “set its...

Turkish Abstract: Kamu menfaati, uyuşmazlıkların muhakeme sonucunda değil uzlaşma ile çözülmesini kuvvetle desteklemektedir. Rekabet otoritesi bakımından sulh eğilimin başlıca gerekçelerinden bir tanesi kaynakların optimal kullanımıdır. Eğer hedefimiz iktisadî etkinliği...

Innovation can either be viewed by the competition authorities as a parameter that should be protected from the potential negative effects of a transaction, or it can be utilized by the merging parties as part of a defense argument to set off against or abate the anticompetitive concerns raised...

The conception of “economies of scale” in the conventional production era led to the proliferation of natural monopolies, as if demand for certain needs and products could only be sufficiently met by colossal entities. The most efficient method for achieving higher production capacities,...