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ARTICLE · 15 AUGUST 2018

Rekabetin Uyumlu Eylemler Yoluyla İhlali

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Rekabet kavramı, piyasa ekonomisi sisteminin temeli olarak ifade edilmekte olup, sistemin etkin bir şekilde işlemesi ancak piyasalarda rekabet ortamının yaratılması ve bunun korunması...

TurkeyAntitrust/Competition Law
Selmin Burcu Öztekin
Selmin Burcu Öztekin
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ÖZET

Rekabet kavramı, piyasa ekonomisi sisteminin temeli olarak ifade edilmekte olup, sistemin etkin bir şekilde işlemesi ancak piyasalarda rekabet ortamının yaratılması ve bunun korunması ile mümkündür. Bu amaçla Rekabetin Korunması Kanunu da piyasadaki rekabeti korumaya ilişkin düzenlemeler içerir. Türk Hukuku'nda henüz yeni bir alan olan Rekabet Hukuku hakkındaki ilk düzenlemeler, Rekabetin Korunması Hakkındaki Kanun'un yürürlüğe girmesinden sonra Türk Hukuku bakımından tartışılmıştır. Bu açıdan özellikle teknoloji alanındaki ilerlemeler, gizlilik veya örtülülük yöntemleriyle gerçekleştirilen rekabeti bozucu işbirliklerini içeren uyumlu eylemleri teşvik etmekte ve uyumlu eylemlere yeni boyutlar kazandırmaktadır. Uygulamada teşebbüslerin pazardaki davranışlara ilişkin kararları birbirleriyle uyumlu davranış içerisinde ve rekabeti sınırlandırıcı şekilde almaları son zamanlarda Rekabet Kurumunun bu ihlâllere karşı yüksek miktarlarda cezaya hükmetmesi

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