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- Title
INTEL: KARİNENİN AKSİNİ İSPAT.
- Authors
GÜRKAYNAK, Gönenç; GİRGİN, Bulut; KORKMAZ, Gülce
- Abstract
In this article, the role of effect based analysis within the scope of Intel case which has concluded with the judgment of CJEU has been explained and the decisions of Turkish Competition Board have been evaluated within this perspective. To that end, this article primarily investigates the concept of abuse of dominant position within the scope of Article 102 of TFEU, the rebate schemes and the effect based analysis by also explaining secondary legislation. Following that, Intel case has been summarized through European Commission's and General Court's and Court of Justice's decisions. Moreover, evaluation of rebate schemes after the Intel judgment of CJEU, the use of "as efficient competitor test", defenses of the undertakings and the standard of proof for both the undertaking and the Commission. In the following section, a number of Turkish Competition Board decisions in which the Competition Board investigated rebate schemes in detail have been evaluated within the scope of Intel decision. As conclusion, it is explained that the Turkish Competition Board, which follows the Commission's and the EU Court's precedents, may likely employ an approach in line with the Intel judgment of CJEU to the rebate schemes applied by the dominant undertakings.
- Publication
Banking & Commercial Law Journal / Banka ve Ticaret Hukuk Dergisi, 2018, Vol 34, Issue 4, p311
- ISSN
1300-1396
- Publication type
Article