An Evaluation Concerning The New Ex-Ante Regulations For The Prevention Of Margin Squeeze In The Electronic Communication Markets In Turkey

BS
Balcioglu Selçuk Ardiyok Keki Attorney Partnership

Contributor

Balcioglu Selcuk Ardiyok Keki Attorney Partnership is an Istanbul based full service law firm with exceptional practices in corporate, M&A, banking and finance, real estate, energy, competition and litigation. BASEAK has gained an outstanding reputation and valued clientele by tailoring effective legal solutions to a broad spectrum of clients.
The volume of analyses in the literature concerning the prevention of margin squeeze, which resides in the intersection point of competition law and regulations, has been increasing.
Turkey Antitrust/Competition Law
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The volume of analyses in the literature concerning the prevention of margin squeeze, which resides in the intersection point of competition law and regulations, has been increasing. This paper focuses on the concept of margin squeeze that became popular through the decisions of the Turkish Competition Authority (TCA) and the Procedures and Principles that has recently been published by the Information and Communication Technologies Authority (ICTA). The paper examines the relation between the margin squeeze analyses that are conducted by the ICTA and the TCA and critically evaluates ICTA's analysis methods.

We would like to note that the foundations of the margin squeeze test that is being applied by the ICTA was formed during the Instrument for Pre-Accession Assistance (IPA) project titled, "Technical Assistance for Prevention of Anti-competitive Behaviours in the Electronic Communications Sector EuropeAid/133078/D/SER/TR)". The Procedures and Principles Concerning the Finding, Preventing and Remedying of Price Squeeze, which sets the legal basis of the margin squeeze tests to be applied by the ICTA was also prepared during the course of the Project. Şahin Ardıyok and Barış Yüksel actively participated in the Project and they especially helped the creation of the legal framework for the margin squeeze tests. Şahin Ardıyok acted as the Key Legal Expert and Barış Yüksel acted as a Legal Expert in the Project. One of the main purposes of this article is to share our experiences with the readers.

For the full text of the article in Turkish, click here.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

An Evaluation Concerning The New Ex-Ante Regulations For The Prevention Of Margin Squeeze In The Electronic Communication Markets In Turkey

Turkey Antitrust/Competition Law

Contributor

Balcioglu Selcuk Ardiyok Keki Attorney Partnership is an Istanbul based full service law firm with exceptional practices in corporate, M&A, banking and finance, real estate, energy, competition and litigation. BASEAK has gained an outstanding reputation and valued clientele by tailoring effective legal solutions to a broad spectrum of clients.
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