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.
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