Türkiye Adalet Akademisi Dergisi

Yazarlar: Serkan TURGUT

Konular:Hukuk

Anahtar Kelimeler:Competition law,Exemption,Individual exemption,Block exemption,Negative clearance

Özet: Competition law aims to preserve the natural competitive environment in which undertakings compete with each other in the goods and services markets and witness continuous development, transformation and interaction. Therefore, agreements, decisions and practices that prevent, distort or restrict competition are prohibited. However, transactions that sometimes limit competition can also provide improvements in the production or distribution of goods and the provision of services, and can pave the way for economic or technical development. In such cases, these transactions are not automatically prohibited, it is checked whether the consumer benefits from them. Those that are understood to be beneficial to the consumers are exempted from prohibitive competition law regulations if it is determined that they do not eliminate competition in a significant part of the relevant market and limit competition to the extent or less necessary. The granting of an individual exemption can be linked to the fulfillment of certain conditions and / or obligations, as well as an exemption for a certain period of time. In the block exemption, it is possible to benefit from the automatic exemption as a whole in terms of all agreements on certain subjects, which meet the conditions specified in the communiqués. The article examines the exemption concept in the light of the Competition Board decisions and tries to clarify the controversial issues.

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