Author: Mert Karamustafaoglu

Introduction

By its recently initiated three investigations, Akdeniz Elektrik Dağıtım A.Ş.[1] (“Akdeniz Elektrik), Enerjisa[2], and Gediz-Aydem[3], the Competition Board signals that it will adopt a more active policy in the coming days in the electricity sector. The problems with regard to the dominant positions of electricity distribution companies due to their market power in their areas, and the adaptation difficulties with respect to the legal unbundling principles, are familiar problems in the electricity sector.[4] However, in 2014, it was claimed that the distribution companies engaged in various practices to complicate the operations of independent providers and prevent the exercise of consumers’ rights to choose their own providers.[5] Moreover, although the Competition Board’s Sector Inquiry in Electricity Wholesale and Retail Sale Markets (“Sector Inquiry”) examined these claims in detail, the Competition Board decisions did not made any determinations as to breach.

Read more: Turkish Competition Board’s Recent Examinations in the Electricity Sector: Back to the Past


Author: Assoc. Prof. Murat Develioglu

Introduction

Recently, the 11th Civil Chamber of the Court of Cassation has adopted a different view from its longstanding approach with regard to claims against infringers of the Law on the Protection of Competition, based on provisions regulating torts in the Turkish Code of Obligations, wherein the commencement of the statute of limitations has been defined differently. These new decisions are analyzed hereinafter.

Read more: Evaluation of Decisions of the 11th Civil Chamber of the Court of Cassation with regard to the...


By Paul K. Grower and Jenna R. Seavers

Have you ever been deceived, even if for just a second, by an e-mail from your favourite clothing store claiming “50% OFF EVERYTHING,” only to realize that the fine print of the e-mail effectively excludes everything but last year’s styles?

Subsection 74.011(1) of the Competition Act addresses the making of false or misleading representations in electronic messages and makes them reviewable by the Commissioner of Competition. While this legislation has existed for some time, new changes are coming to Canada’s Anti-Spam Legislation (“CASL”), that create a private right of action for individuals who allege to be affected by false or misleading digital marketing.

Read more: Misrepresentations in marketing: Private damage claims coming soon


Contents:

  • Umbrella Effect within the Framework of Private Competition Enforcement
  • Booking.com Decision
  • Passing-On Defense and Indirect Purchaser Rule in Compensation Claims Arising from Competition Law
  • Price / Margin Squeeze

Read more: Turkish Competition & Antitrust Law Update


By: Livia Oglio

Since February 3, 2017 damages actions for antitrust violations in Italy are governed by the new rules enacted by Legislative Decree no. 3/2017, implementing the 2014 EU Antitrust Damages Directive (Directive 2014/104/EU).

The European Commission's initiative stems from the awareness that, while the right to full compensation is guaranteed under the EU Treaties directly, the practical exercise of this right by victims of antitrust violations was often non effective or occurred in a way that made it excessively difficult or almost impossible because of the applicable rules and procedures in the national legal systems concerned.

Read more: EU Directive On Antitrust Private Damages Actions Now Effective In Italy