The TCA Has Set The Rules – Name Of The Game: Data Portability

On July 18^th, 2022, the Turkish Competition Authority (the "TCA") published its decision ("Decision") concerning Nadirkitap's practices in the market for intermediary platform services for the sale of second-hand books. The TCA imposed Nadirkitap an administrative fine of TRY 346,765.63 (approx. EUR 13,000) on the following grounds:

• Nadirkitap is a dominant player in the market for intermediary e-marketplace services for the sale of second-hand books,
• Nadirkitap abused its dominant position by preventing sellers' access to their inventory data on its e-marketplace without any just cause.

How Does TCA Define the Market in relation to Nadirkitap's Practices?

In its Decision, TCA evaluated whether there is a substitution relationship between the first-hand book market and the second-hand book market in terms of supply and demand by assessing: (i) ease of access to distribution channels in the relevant market and (ii) the motivation behind consumer