Introduction

Important technological transformations have been emerging in the television broadcasting sector. As a result of these changes, whereas some parts in the sector are more competitive, in the other parts, competition concerns come into play. The Competition Authority has decided to conduct a sector inquiry in order to determine the impact of the changes in the sector, to identify the encountered competition problems, and to determine remedy proposals in this respect. 

Introduction

Certain information and documents obtained during the investigations of the Competition Board ("Board") may be based on the attorney-client relationship. The extent of the information and documents based on an attorney-client relationship that is protected within the framework of the confidentiality principle is important. This article explains the concept of legal professional privilege under Turkish law, and reviews two significant decisions by the Board in this regard. 

Author: Dieter Hauck

This update addresses the following key points:

• The Cartel Act Amendment Law 2017 implemented the EU Cartel Damages Directive (2014/104).
• The law contains a new consideration threshold – as compared to the turnover thresholds also in place – of €200 million, combined with a test that the target must perform a "significant amount of activities in Austria".
• This may cause more mergers to be caught by the Austrian merger control system and creates some ambiguity.

Read the entire article.

Author: This email address is being protected from spambots. You need JavaScript enabled to view it.

Introduction

Excessive pricing is one of the highly debated topics in competition law. In brief, it could be defined as the designated price that is consistently higher than the fair price in the market. It is considered as a type of unfair pricing. Excessive pricing is interpreted differently in various legal systems, especially in the European Union ("EU") and United Stated of America ("USA"). In the USA, excessive pricing is not considered as an abuse; whereas, in the EU, the competition authority in various cases considers it to be an abuse under Article 102(a) of the Treaty on the Functioning of the European Union ("TFEU"). Turkish competition law maintains a parallel stance as compared to EU practice.