The legal structure of competition policy in Turkey

The purpose of this study is to introduce readers to the basics of Turkish Antitrust Law and its enforcement practices. In this respect, the chapter is categorized into four parts. The first part covers the background and the sources of the Turkish Antitrust Law. After the legislative background is mentioned, the main legal sources of the law are specified. The second part is devoted to the main concepts prescribed in the Act such as the relevant market and the concept of undertaking. Substantive provisions are explained in the third part, and this part is organized under three headings. First, restrictive agreements are expounded along with the exemption rule. Subsequently, the monopoly provision is illustrated with some examples of abuse. And finally, the provision and the secondary legislation governing the concentrations are explained. Here, the procedural issues are of importance. Enforcement authorities and sanctions are discussed in the final part. © Springer Science+Business Media, LLC 2011

The Legal Structure of Competition Policy in Turkey

46 pages[Abstract Not Available

Competition law and regulation in the Turkish telecommunications industry: Friends or foes?

The interaction between national competition authorities (NCAs) and national regulatory authorities (NRAs) plays a vital role in institutionalizing competition policy during regulatory reforms. Questions about jurisdictional authority over competition policy are far from settled What role should NCAs play in regulated industries? Should we see NRAs and NCAs as complements or substitutes? This paper attempts to discuss these issues within the context of the Turkish telecommunications industry. Recent events in this industry point to relative strengths and weaknesses of a legally powerful NRA against a NCA. We address the complementarity issue as an empirical question and dispute its practical viability in a hostile environment where two agencies differ on the role of competition. The Turkish telecommunications industry shows that legal ambiguity surrounding competition policy creates inefficiencies and increased power struggles.Competition policy Regulation Telecommunications Turkey