The Review of the Law on Abuse of a Dominant Position Through Soft Law in the European Union and Turkey

Prof. Ahmet Fatih Özkan

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The developments in EU competition law, Turkey has published “ Guidelines on the Assessment of Abusive Exclusionary Conduct by Dominant Undertakings” (the Guidelines on Art.6) as the first and yet the only secondary legislation on Art.6 of the Act on the Protection of Competition 1994.As their structure and substantive content show, the Guidelines on Art.6 are closely modelled on the EU’s “ Guidance on the Commission’s Enforcement Priorities in Applying Article 82 of the EC Treaty to Abusive Exclusionary Conduct by Dominant Undertakings” (the Guidance).This book draws on the EU experience with the prohibition of abuse of dominancein the aftermath of the modernisation of Art.102 TFEU which culminated in the issue of the Guidance by the EU Commission. It derives significant conclusions from the review of the law on Art.102 TFEU in the EU for Turkish competition law. In this respect, the book uses the EU experience as background and context against which it gives reflections on the legal regime, substantive content and suitability of the Guidelines on Art.6 to the enforcement of Art.6 by the Turkish Competition Authority and courts.