Abuse Of Dominant Position in Turkey

The Competition Law deines a “dominant position” as “…the power of one or more undertakings in a particular market to determine economic
parameters such as price, supply, the amount of production and distribution, by acting independently of their competitors and customers…”. Although a market share above 40% would be the irst indication of a dominant position in a particular market (or even a lower market share in
certain markets), the Competition Authority takes into account various other factors in determining whether an undertaking is in a dominant position in a particular market, such as barriers to market entry, economic power of the dominant undertaking etc.
The Competition Law lists certain forms of abuse on a nonexhaustive basis, however any direct or indirect abusive action afecting any concerned market shall be unlawful and prohibited.

Accordingly, abuse can be in the form of:

(i) preventing entries by other enterprises into the market or impeding the activities of competitors in the market,
(ii) implementing discriminative practices by imposing diferent terms on persons with equal status for equal rights, obligations and acts,
(iii) restricting the purchase and sale conditions during resale of goods and services either by contract bundling or price ixing,
(iv) distorting competition in other markets by taking inancial, technological and commercial advantages created by the dominant position in relevant the market, or
(v) restricting production, marketing or technical development causing a disadvantage for customers.