Introduction The Turkish Competition Authority (“TCA”) adopted a landmark decision in relation to Turkish traditional alcoholic beverages market (rakı). This decision is important from several perspectives; the fine calculation percentage is higher than it usually is for the relevant type of infringement, it ranks the fourth largest fine imposed to a company under one single…
On 4 April 2017 the Turkish Competition Authority’s (“TCA”) received and subsequently published the decision of the Council of State in relation to Microsoft case. In October 2016 the Council of State reversed the decision No 11-60/1555-550, where the TCA concluded that there was no need to initiate an investigation into Microsoft Bilgisayar Yazılım Hizmetleri…
The Turkish Competition Authority (TCA) has been rather active in the recent months in launching investigations into alleged abuse of dominance via excessive pricing. For instance, on 4 May 2017 by decision No 17-15/175-M the TCA launched an investigation into alleged abuse of dominance by Sahibinden.com via implementing excessive pricing practices, i.e. sales conditions with…
The Court of Justice of the EU (CJEU) on 14 September 2017 delivered its ruling in Case C‑177/16 AKKA/LAA[1] on excessive (unfair) pricing. While shedding some light on the issue and referring to its earlier judgements, i.e. the 1978 United Brands “excessive pricing” test, the CJEU’s judgement in this case may be summarized in the following…
On 6 September 2017 the Court of Justice of the EU (CJEU) delivered its judgement in Intel Corporation Inc. v European Commission (Case C-413/14 P). The judgement cancelled the 2009 General Court’s (GC) judgement supporting the European Commission’s (EC) finding of abuse of dominance by Intel and imposing a record EUR 1,06 billion fine. Now…
Introduction The European Court of Justice’s (“ECJ”) recent Intel decision calls for a reflection on the impact that the court’s assessment of evidence may have on Turkish competition law enforcement. In effect, by its judgment of 6 September 2017, the ECJ has set aside the judgment of the General Court which had confirmed the fine…
On 27 June 2017 the European Commission decided to impose an unprecedented EUR 2,42 billion fine on Google (Google Inc. and Alphabet Inc.) for an abuse of dominance by favouring its own shopping service/ads in internet searches (comparison shopping market). Previous EC record antitrust fine on a single company was EUR 1,06 billion for Intel…