An analysis of the Turkish competition authority decisions through the Guidance on the Commission's Enforcement Priorities in Applying Article 82 of the EC Treaty

Official URL: http://192.168.1.20/record=b1558760 (Table of Contents)

Thanks to the reforms within the last 15 years, the forms-based approach of the European Union Competition Policy has evolved into an effects-based approach which gives importance to consumer welfare and economic analysis. One of the most important developments in this reform process is the publication of the Guidance on the Commission‘s Enforcement Priorities in Applying Article 82 of the EC Treaty to Abusive Exclusionary Conduct by Dominant Undertakings at the end of 2008. The main goal of the study is to discover how the transformation from forms-based approach into effects-based approach has reflected on Turkish Competition Authority decisions about predatory pricing, rebates, refusal to supply, margin squeeze and exclusive dealing agreements. In the name of these effects, relevant Turkish Competition Authority decisions on the abuse of dominant position in exclusionary practices between 2009 and 2013 have been evaluated under the light of European Union decisions and the Guidance. Consequently, it has been argued that after 2009, European Union is more consistent to adopt an effect-based approach. On the other hand, Turkish Competition Authority decisions do not show a consistent and clear tendency towards effects-based approach. However, Turkey takes European Union Competition Policy as a model to itself and the publication of The Draft for Guidance on the Assessment of Abusive Exclusionary Conduct by Dominant Undertakings may show Turkey will follow more effects-based approach in the future. In such a case Turkish Competition Authority may be required to evaluate positive and negative sides of the guidance and whether Turkey really needs it.