The Turkish Competition Authority publishes its first investigation concerning abuse of dominance by a standard essential patent holder (Philips)

Turkish Competition Authority’s (“TCA”) Philips Decision (26.12.2019, 19-46/790-344 – published on 27.05.2020) is quite significant as it is the first time that the TCA examined the conducts of a Standard Essential Patent (“SEP”) holder within the scope of Article 6 of the Act No. 4054 on the Protection of Competition (“Competition Act”) that prohibits abuse of dominant position. The TCA held that Koninklijke Philips N.V. (“Philips”) abused its dominant position in the (technology) market for subtitle technologies and imposed a monetary fine amounting to 0,75% of its 2018 turnover, disregarding the case handlers’ position that Philips did not violate the Competition Act. It was further decided that Türk Philips Ticaret A.Ş. (Philips’s subsidiary established in Turkey) did not engage in a

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  • Bilkent University - Law School (Ankara)

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Barış Yüksel, The Turkish Competition Authority publishes its first investigation concerning abuse of dominance by a standard essential patent holder (Philips), 26 December 2019, e-Competitions June 2020, Art. N° 95194

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