Türk rekabet Hukukunda Yoğunlaşmaların Denetiminde Yapısal Davranışsal Tedbir Mekanizması

Turkish

Pursuant to article 7 of The Act on The Protection of Competition (No:4054), concentrations which results in significant restriction or deterioration of effective competition in the market, are prohibited.However, Turkish Competition Authority (TCA) may conditionally allow a concentration that is forbidden due to possible anti-competitive risks in the market within the scope of structural and/or behavioral remedies.This study aims to investigate the structuralbehavioral remedy mechanism and the effects of this mechanism in the control of concentrations in Turkish competition law.Among the 50 final examination decisions examined in the study, in the period 1998-2019, there are 20 decisions in which violation is detected.Six of these decisions include structural, seven behavioral, and four contain both structural and behavioral remedies.As a result, TCA generally permits concentrations that are within the scope of the ban but can be cleared of competitive risks, with acceptable structural-behavioral remedies.