Competition and Antitrust
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Nysingh advocaten-notarissen N.V.
Kirton McConkie, PC
Author: Mert Karamustafaoglu
By its recently initiated three investigations, Akdeniz Elektrik Dağıtım A.Ş. (“Akdeniz Elektrik”), Enerjisa, and Gediz-Aydem, 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. 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. 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.
Author: Assoc. Prof. Murat Develioglu
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.
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.
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.