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See version in english M. PARLAK, Turkish Competition Authority: A competition policy and regime ready for EU membership

Interview : TURKEY - NATIONAL COMPETITION AUTHORITY- EC MEMBERSHIP - ICN - MERGER - PRIVATISATION

M. PARLAK, Turkish Competition Authority : A competition policy and regime ready for EU membership

- Could you describe the main framework of the Turkish Competition Law ? What would you say are the main differences between the Turkish and the EU competition provisions, both from a substantial point of view and from a procedural point of view ; and what would be the main changes to Turkish competition law in order to come in line with EC competition provisions, and among other, Regulation 1/2003 ?

- Could you briefly describe the Turkish institutional system with regard of competition law ?

- What is the scope of the Turkish Competition Authority (TCA) ? Could you give us a brief summary of the main recent decisions issued by your authority since it began operations in late 1997 and provide us with some statistics ?

- How does the merger regime works ?

- How would you view the effect of the privatization program in the Turkish economy ? Do public undertakings as well fall under the Competition Act ?

- What about the counter-feiting provisions ?

- The OECD peer review of Turkey’s competition law and policy (March 2005) stated that “The agency’s law enforcement efforts are slowed by inexperienced judicial review organs.” ... “The most serious problems with competition law and policy in Turkey, however, entail not TCA operations but statutory deficiencies that will require Parliamentary action to correct. Necessary legislation includes institution of a mechanism to control state aids, elimination or control of state-created commercial enterprises that are vested with monopoly concessions or anticompetitive privileges, establishment of a mandatory role for the TCA in reviewing proposed laws and regulations, and modification of the Competition Act to improve the TCA’s law enforcement capacity” : How would you view this statement a year after ? Has there any proposal been submitted for discussion after the OECD working group proposals ?

- What do you expect of bilateral relationship between national competition authorities in a context of multilateral relationships ? What would you say are the main differences between the Turkish and the EU member States approach ?

- Early June 2005, the Bundeskartellamt has organised the 4th ICN meeting in Bonn. How do you view the evolution of the works of the ICN ?

- How do you view the role of competition policy in the Turkish economy ?

Included : Short Resume of Mr. Parlak

Interview réalisée par Nicolas Charbit, Rédacteur en chef, Concurrences, Paris, New York.

Could you describe the main framework of the Turkish Competition Law ? What would you say are the main differences between the Turkish and the EU competition provisions, both from a substantial point of view and from a procedural point of view ; and what would be the main changes to Turkish competition law in order to come in line with EC competition provisions, and among other, Regulation 1/2003 ? The corpus of the Turkish Competition Act is based on the Articles 81 and 82 of the EC Treaty and relevant regulations. Therefore, Article 4 of the Act prohibits the agreements of undertakings, decisions of the associations of undertakings, and concerted practices that prevent, limit or distort the competition, while Article 6 prohibits abusive practices of dominant undertakings. Article

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Mustapha Parlak, M. PARLAK, Turkish Competition Authority: A competition policy and regime ready for EU membership, February 2006, Concurrences Review N° 1-2006, Art. N° 864, pp. 6-10

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