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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


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