A. Relevant Act: Law No:4054

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The Turkish Antitrust Law is provided for by law no:4045. The most important Articles that mostly emphisize the implementation of law are Article 4, Article 6 and Article 7.

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Any agreements or concerted practicies of undertakings and any actions or decisions of associations which aim hinder or restrict the competition directly or indirectly are prohibited by Article 4. In the following of Article 4, the examples of prohibited actions are ordered by the law such as determination of prices or costs or all types of conditions of selling.  Article 5, on the other hand, emphisizes the exemptions of the prohibited actions seem in Article 4. This provision orders the cumulative existance of all conditions which are emphisized in the following of Article 4 such as economic efficiency, utilization of consumer, provinding considerable amount of competition in relevant market, restriction of competition which is not more than neccesity of achivement of economic efficiency and utilization of consumer. 

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Moreover, Article 6 provides the prohibition of abuse of dominance. The notion of “Dominance” is described at the beginning of law as the freedom of determination of all economic parameters of one or more undertakings with the independence of compehetitors or consumers. Abusement, on the other hand, is not described by the law. It is brought to interpretation of courts for each case. Article 6 also gives some typical examples of abuse of dominance as well as Article 4. These are the restriction of new entrance to relevant market, dicrimanatory behaviors towards to same conditioned undertakings, restriction of production, marketing or technological improvement in the way of occurance of consumer’s harm etc.

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Lastly, Article 7 indicates the prohibition of mergers or acquisitions of two or more undertakings cause the considerable restriction of competition in the whole or the part of the relevant market by creating or enhancing the dominant position. The list of mergers or acquisitions which are considered as lawful is anounced by the declaration of authority. The authority may give the letter to aplicant undertaking (s) indicates the lawfullness of actions, agreements, decisions, concerted practicies or mergers or acquisitions in the scope of Artcle 4,6,7.

5

The scope of the implementation of law is determined in the Article 2 as the borders of Republic of Turkey.

B. Enforcement by the Turkish Competition Authority

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Taking all these indications in to consideration, this can be said that Turkish Competititon Authority is taking the rules of European Competition Law as a guide for securing the competition in the borders of Republic of Turkey. When we look at the implementation of provisions, both Turkish Competition Authority and Commission follow the directions and regulations of EU in the scope of Competition Law. This is the reason of process of membership for EU of Turkey. Turkey has tried to make all regulations in competible with EU standarts mostly in the scope of Competition, Human Rights and Energy Law.

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The Turkish Competition Authority was firmed in 1994 with the enaction of law No:4054. The aim of the authority was shown as providing, securing and enhancing of the competitive market in the borders of Turkey. The authority takes the law No:4054 as a guide for its behaviours and actions. The goal of the law is explained in the first of Articles as protecting competition by taking necessary steps and regulations in order to prevent the agreements, actions and cooperative behaviours of entities and abusement of the position of dominant undertaking which restrict competition in a relevant market. With this respect, the aim of law No:4054 can be seen as a compatible with the spirit of TFEU regarding Art. 101 and 102 TFEU.