The Turkish Competition Authority announced last week that it
will join other competition law enforcement agencies in looking
into the e-commerce sector. The Authority announced that it has
launched an investigation into Booking.com, particularly the "best price
guarantee" clauses of Booking.com's contracts. The investigation
was launched following a preliminary investigation resulting from a
complaint that Booking.com's practices violate Article 4
(restrictive agreements) and Article 6 (abuse of dominance) of Law
No. 4054 on Protection of Competition.
The Competition Board has unless extended up to
six months to conclude the investigation in which three written
defenses will be submitted and one oral hearing will be held (if
requested). Booking.com is expected to submit its first
written defense in 30 days.
Competition law enforcement agencies across the world have
become increasingly skeptical about competition law implications of
certain practices in the e-commerce sector. Accordingly, a general
trend exists across a range of jurisdictions to closely scrutinize
e-commerce market behavior. Recently, French, Italian and Swedish
competition authorities announced that they have accepted the
commitments offered by Booking.com and closed their investigations
into Booking.com's practices (further information).
The Competition Authority is responsible for enforcing
competition rules in Turkey. It is an independent regulatory
authority with administrative and financial autonomy. The
Competition Board is the decision making body within the Authority.
You can read the full text of the Competition Authority's
recentannouncement at this link. Please see this link for more information
about the Turkish Competition Authority.
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guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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