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...

Turkish Abstract: Rekabet Kurulu (“Kurul”) yeniden satış fiyatı tespitine ilişkin almış olduğu ilk kararlardaki “per se” ihlal yaklaşımını bir süre sonra bırakarak “rule of reason” analizine daha yakın bir analiz uygulamıştır. Ancak 2011 yılı ortalarında Anadolu...

Competitor agreement not to solicit or hire each other's employees as well as agreements among competitors to poach a rival entity's key employees could be deemed as a violation of competition law principles (and in some jurisdictions, public policy doctrines).European and US jurisprudence shows...

The increasing use of sector inquiries by competition agencies, including the Turkish Competition Authority, is a result of the fact that sector inquiries reveal the competitive dynamics of a given sector much better than the traditional competition law enforcement means. Pursuant to its...

A number of issues arise with regard to competition law and data protection, in particular in the online services context. For one, the relationship between competition law and privacy is yet to be fully understood and we discuss below the aspects of this conundrum: first, we look into the issue...

Technology, whose etymology derives from Aristotle’s “techne,” (which means “craftsmanship” or “art”) represents one of the most primal instincts and distinctive features of human beings, which is the ability to use tools to increase one’s quality of life. In fact, today we can...

This article examines competition law analysis on zero-priced markets within the scope of dynamic competition model. In this regard, following the proliferation of the Internet-based services, zero-priced markets have become an important part of our ecosystem. To that end, given that the current...

Web-based businesses have become potential targets of antitrust concerns across the world with the proliferation of information, the growth of internet-related businesses and over two billion users of the internet worldwide as of the end of 2011. As a result of the use of this exponentially...

This article examines data-related abuses in competition law within today’s data driven economic world. There is no doubt that data has become an indispensable source of information and an essential business tool for almost all companies operating in various diverse markets. In this regard,...

Efforts to combat corruption have increased from the domestic level to a global level, an indication of increased global awareness that has incentivized nations to internationally cooperate to eliminate corruption. As countries sign and ratify various international conventions, various...