The Turkish Competition Authority (“TCA”) has declared by an announcement on its website on 18.04.2023 that a paper titled “Reflections of Digital Transformation on Competition Law” (“Paper”) has been published.
The Paper written by the TCA experts explains in detail the competitive concerns on which the Draft Legislation on Amendment of Law No. 4054 on Protection of Competition, which was opened to public consultation a few months ago, is based as well as the solution offers regarding these concerns.
The Paper covers the below topics:
Changes brought by digitalization on business models and business methods
Transformed tendencies and behaviors of the consumers and firms with digitalization
The main indicators regarding the current level and potential of the digitalization process in Türkiye
Competitive problems caused by digitalization
Scrutinies and decisions of the Turkish Competition Board on digital markets
Papers, legislation and practices of the competition authorities from different countries on the competitive concerns in digital markets
Existing competitive concerns of the digital markets and potential competition law breaches observed in these markets
Opinions obtained from the market regarding the core platform services
Requirements needed in regulation prong regarding digital markets and their rationale.
Besides, the “Potential Competition Law Breaches Observed in Digital Markets” section provided in the Paper lists the following types of breaches and explains the competitive concerns regarding these:
Collection, processing and usage of data
Data portability and interoperability
Self-favoring (its good/service) and/or self-preferencing
Tying and bundling practices
Exclusivity and most-favored-nation clause practices and unfair contract terms
Absence of transparency
Concerns regarding merger and acquisition transactions