General Competition Law Book; Restrictive Agreements, Abuse of Dominance and Merger Control and Enforcement
Letzte Änderung: 22.03.22
The project is related to a preparation of a book on competition law. It will cover basic concepts and the three main prohibitions in the Act of Protection of Competition (“the Competition Act”) namely, restrictive agreements (articles 4-5), abuse of dominance (article 6), and merger control régime (article 7). Although the book will basically focus on the substantive law, it will also deal with enforcement system. In that regard, it will comprise both public and private law enforcement aspects of Turkish competition law.
Mostly due to the concentration problems created by digital platforms and other economic problems in addition to this, competition laws around the world are facing significant challenges. These challenges manifest themselves at least in two different, but interconnected ways: Never-ending discussions about the proper goals of antitrust (broadening the scope of values to be protected) and more vigorous enforcement of competition laws. The prevailing consumer welfare standard paradigm in competition policy is under attack and there is now a non-negligible strain of academic literature that argues for more inclusive competition law enforcement as to incorporate non-economic and non-welfarist values into the realm of legal policy discussions. This, in turn, calls for more interventionist approaches. On the top of that, the new laws underway to strengthen the competition law enforcement especially due to the problems of digital markets.
Turkish law is not exempted from these developments. The Competition Authority is more vigorous in terms of its enforcement efforts as the rising number of investigations clearly indicates and the new law is being prepared by the legislator that will mainly be enforced in the digital markets. All these developments may have an impact in our current understanding and interpretation of competition law prohibitions. Hence this research has been conducted with these considerations in mind, particularly whether there is a transformation in competition law prohibitions and if there is, I will seek to find out the signs and indications thereof.
III.2 Rechtsentwicklung in außereuropäischen Rechtsordnungen
