Especially prior to the enactment of the Law on Protection of Competition, it can be observed that certain provisions within the pre-existing legislation either directly or indirectly contradict the stipulations of Law No. 4054 or the fundamental principles of competition law, which are intertwined with the tenets of the market economy. In this context, the role of the Competition Authority lies in identifying legislative provisions that clash with competition law and communicating such findings to the relevant authorities. The aim of this study is to elucidate the specific aspects in which the encountered legislative provisions in files evaluated by the Competition Authority until 2002, whether directly or indirectly, run counter to either the Law on Protection of Competition or the overarching principles of competition law.
Since the announcement of the establishment of the Competition Authority on November 5, 1997, it can be affirmed that developments in the realm of competition law have predominantly centered around Articles 4-9 of Law No. 4054. These areas encompass competition infringements as well as mergers and acquisitions. Parallelly, endeavors in secondary legislation can also be categorized within this spectrum.
Nevertheless, it is apparent that the scope of responsibilities of the Competition Authority transcends the mere enforcement of the provisions set out in Law No. 4054 and the establishment of supplementary regulations. Specifically, it is evident that certain provisions within the legislation predating the Law on Protection of Competition, either directly or indirectly, clash with the provisions of Law No. 4054 or the overarching principles of competition law due to the principles embedded in the market economy. In this regard, the obligation of the Competition Authority is to pinpoint these conflicting legislative measures and relay them to the pertinent entities.
This study confines its scope to highlight the facets in which the legislative provisions encountered directly or indirectly in files reviewed by the Competition Authority thus far contradict either the Law on Protection of Competition or the general tenets of competition law. Certain legislations that bestow specific powers upon diverse institutions within the framework of imperative regulations based on market dynamics also find their place in this roster. Similarly, some legislative provisions that are deemed advantageous for the public interest fall into the same category. However, in the context of competition policy, further assessments will be conducted concerning these types of legislation, and therefore, these specific provisions are included in this listing at this juncture.
Type of Work : Article
Language : Turkish
Copyright : Turkish Competition Authority.
Citation : EKDİ, B., E. ÖZTÜRK, H.H.ÜNLÜ, K.ÜNLÜSOY, S. ÇINAROĞLU, “Rekabet Kuralları ile Uyumlu Olmayan Mevzuat Listesi (I)”, Rekabet Dergisi, Sayı:9, Yıl:2002.
