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ARTICLE · 24 MARCH 2016

Seeking "Competitive Disadvantage" In Abuse Of Dominant Position

Balcioglu Selçuk Eymirlioglu Ardiyok Keki Attorney Partnership
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Upon the cancellation decision of the Administrative Court, the TCA reevaluated the complaint that the GDSAA abused its dominant position in airport management by discriminating among airlines...

TurkeyAntitrust/Competition Law
Sahin Ardiyok
Sahin Ardiyok
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Upon the cancellation decision of the Administrative Court, the Turkish Competition Authority (TCA) reevaluated the complaint that the General Directorate of State Airports Authority (GDSAA) abused its dominant position in airport management by discriminating among airlines with respect to slot allocation in airports. The claim regarded charging different rental tariffs to the airports' old airlines (signing leases before 2006) and the new airlines (signing leases after 2006). The new rate is four times more than the previous one.

TCA accepted that the activities of GDSAA, which has a dominant position on "airport management regarding slot assignment market," are secondary degree discrimination, and using different rates for the airlines having an equal position to the GDSAA and signing leases on different dates, could be assessed as discrimination according to the administrative court decision. TCA also accepted that the mentioned activities could cause the loss

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