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ARTICLE · 23 NOVEMBER 2015

Oops! I Have Dominated The Market

Refusing to give goods to an existing customer or in case of the good or service is essential facility for the buyer, is an abuse of dominant position.

TurkeyAntitrust/Competition Law

THE BORDERS WITHIN THE FRAMEWORK OF COMPETITION LAW OF CONDUCTS OF THE COMPANIES THAT DOMINATE THEIR FIELD OF OPERATION

IS IT A COMPETITION BREACH THAT YOUR COMPANY HAS A BIG MARKET POWER?

1. In Law no. 4054 The Act on the Protection of Competition, Article 3, "Dominant Position" is defined as, " the power of determining the economic parameters, such as quantity of supply, production and distribution of the one or more undertakings in a particular market by acting separately from its competitors and customers".

2. On the other hand, every undertaking which is in stronger position compared to its competitors in the market, is not considered as a dominant undertaking. The definition of dominant position necessitates the consideration one by one for each situation and undertaking. Yet determining the dominant position necessitates doing analysis according to quality of the good and service markets in which relevant undertaking be active, the geographic market which

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