Turkish Abstract: 4054 sayılı Rekabetin Korunması Hakkında Kanun (“4054 Sayılı Kanun”)'da kullanılan taraf terimi hukuk davalarında kullanılan taraf kavramından farklı bir anlam taşımaktadır.4054 sayılı Kanun'da yer alan taraf kavramı, esas olarak hakkında soruşturma...

Turkish Abstract: Birbiriyle ilgisiz iki ayrı özel teşebbüste gerçekleştirdikleri yakın tarihli iki ayrı yerinde inceleme esnasında, Rekabet Kurumu uzmanları, bağımsız serbest avukat ile müvekkili şirket arasındaki hukuki görüş içeren yazışmalar olduğu kendilerine...

The competition enforcement policies of public authorities aim to prevent infringements against competition law rules, and the sanctions imposed against anti-competitive behavior seek to punish and deter such behavior. However, without sufficient individual penalties against anti-competitive...

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...

Excessive pricing has long been a disputed topic particularly based on the ambiguity when a price could be considered as excessive. It is even more challenging to determine whether excessive pricing constitutes a form of abuse of dominance when it comes to dynamic markets. This is mainly due to...

Unlike other industries, significant changes in the airline industry have not mainly occurred due to technological changes, but rather as a result of developments in the applicable legal framework and various institutional reforms. As a consequence of the deregulation wave which dates back to...

The applicability of competition laws to collective bargaining has long been debated in the law literature of the U.S. and the European Union.The competition laws, playing a major role in national economic policy, are designed in a way to regulate the structure of markets and to promote...

This article examines competition law approach towards collective sale of football broadcasting rights. In particular, following the proliferation of the Internet-enabled technologies, the values of football broadcasting rights have been increasing relentlessly. To that end, given the size of...

This article revolves around the interaction between trade policy and competition policy, with a particular emphasis on the relationship between anti-dumping and predatory pricing rules. Accordingly, this article discusses the differences and similarities between the two policies, based on the...

In order to fully execute rights of defense, parties within a cartel investigation should be allowed to see the extent of the investigation file in an open and transparent manner, subject to the limit that the confidential information of undertakings must be respected and their confidentiality...