Announcement Concerning Out-Of-Scope Applications to the Competition Authority (27.12.2012)

ANNOUNCEMENT CONCERNING OUT-OF-SCOPE APPLICATIONS TO THE COMPETITION AUTHORITY

As is known, the main goal of the Act no 4054 on the Protection of Competition (Competition Act) is to prevent agreements restricting competition, abuses of dominant position and mergers and acquisitions that would significantly decrease competition. In order to reach that goal, the Competition Authority, which is charged with the application of this Act, may impose fines on those undertakings which distort, prevent or restrict competition in the market, may place certain obligations on undertakings aimed at terminating violations, and may examine mergers, acquisitions and joint ventures above a certain size to prevent monopolization within the market.

However, many applications are submitted to the Competition Authority due to misunderstandings, which can not be evaluated under the scope of the Competition Act, and which mainly concern the areas of "consumer protection," "unfair competition" or "regulated sectors".  Such applications that can not be assessed under the Competition Act may be categorized as follows by their subjects: 

1) Applications concerning the protection of consumers falling under the scope of the Consumer Law,
2) Applications with unfair competition complaints falling under the scope of the Code of Commerce,
3) Application concerning sectors which are primarily regulated by their relevant administrative authorities.

Please
click here for a detailed announcement on the subject in Turkish. 
The purpose of this announcement is to draw attention to those applications which are impossible to evaluate under the scope of the Competition Act.