We are thrilled to present the twentieth issue of BASEAK CORE Papers article series!
In this issue, Senior Consultant Zeynep Şengören Özcan and Associate Büşra Nazlı Yaldır delves into the intricate realm of by-object infringements through a meticulous analysis of the caselaw.
Competition authorities use certain formal shortcuts to determine the restriction of competition, which can be illustrated by economic reality. This formal approach, which provides legal certainty, is questioned because the consequences of the same conduct may vary according to different economic conditions. On the other hand, a purely economic approach is not feasible given the existence of limited resources. These shortcuts manifest themselves as per se infringements in American antitrust law and as by-object infringements in European Union and Turkish competition law. This study presents a historical and comparative assessment of which agreements and conduct are characterised as per se and by-object infringements under the formal approach in US, EU and Turkish practice.
To download BASEAK CORE Papers Series No.20, please click on this link.
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.