Barış EKDİ’s study titled “Closing the Market through Vertical Agreements of Undertakings in Dominant Position” has been released as a book under the auspices of the Competition Authority.
The work’s foundation is built upon Barış EKDİ’s LL.M. thesis, penned during 2002-2003 at the University of Cambridge Faculty of Law, which earned him a “first” degree distinction. A segment of this thesis was presented as a paper during the Symposium on Current Developments in Competition Law II, jointly organized by the Competition Authority and Erciyes University in 2004.
Based on the extensive coverage of theoretical examinations, cases emerging in the US and the European Union, and related assessments, which surpassed what was presented in the symposium paper, it was deemed highly beneficial to publish the entire work.
On another note, the translation process of the work into Turkish was notably delayed due to various changes in responsibilities, a demanding work schedule, and the fulfillment of military service. Concurrently, new cases and regulations emerged within the realms of US, EU, and Turkish competition law during this period. Criticisms directed at the original work, such as the absence of a market share threshold for availing the benefits of the group exemption notice for vertical agreements, were addressed and rectified. This led to the revision and updating of sections pertaining to practices in the US, EU, and Turkey, as well as the comparative section. The work was then made ready for publication by July 2009.
In that timeframe, the EU was carefully reviewing revisions to the Vertical Agreements Block Exemption Regulation. Consequently, Draft Regulations and Draft Guidelines were made public, and the Competition Authority introduced an updated guideline for vertical agreements. These three documents were thoroughly scrutinized and incorporated into this study.
Lastly, between the time of submitting the manuscript to the Competition Authority for publication and the process of obtaining peer reviews, the Lisbon Treaty had become effective within the European Union. This resulted in changes to the article numbering of the EC Treaty. Consequently, provisions concerning anticompetitive practices through concerted actions and decisions of associations of undertakings were renumbered from Article 81 to Article 101. Similarly, provisions relating to the abuse of dominance were renumbered from Article 82 to Article 102. Nonetheless, due to concerns regarding potential confusion caused by making extensive numbering changes just prior to publication, the original numbering was retained, reflecting the state before the Lisbon Treaty came into effect.
Type of the Work : Book
Language : Turkish
Copyright : Turkish Competition Authority
Citation : EKDİ Barış, (2009) Hakim Durumda Bulunan Teşebbüslerin Dikey Anlaşmalar Yoluyla Piyasayı Kapatması, Rekabet Kurumu Yayınları Lisansüstü Tez Serisi No: 18, Ankara.
