The Turkish Administrative Court annuls a Competition Authority's decision assessing excessive pricing in the online market and provides guidance on the standard of proof to be followed by the Authority (Sahibinden.com)

Kurt , Ayberk; Karafil, Alper

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18 Dec 2019

The Turkish Administrative Court annuls a Competition Authority’s decision assessing excessive pricing in the online market and provides guidance on the standard of proof to be followed by the Authority (Sahibinden.com)

KEYWORDS

References

Turkish Administrative Court, Sahibinden.com, 2019/1829, 18 December 2019 (Turkish)

Regional Administrative Court, Sahibinden.com, 2019/946, 11 December 2019 (Turkish)

The standard of proof plays a significant role during the process of the investigations performed within the framework of the competition law. However, no explicit provision regarding the standard of proof which shall be taken as basis in the preliminary and full-fledged investigations carried out within the scope of the Law of Turkey No. 4054 on the Protection of Competition ("Competition Law") is stipulated. In February 2020, Ankara 6th Administrative Court (“Court”) published its decision [1] which annulled the Turkish Competition Authority’s (“TCA”) Sahibinden.com Decision [2] (“Sahibinden.com Decision”). Due to the reason that the intervention to the price level is an “exceptionally acceptable situation”, the Court concluded in its annulment decision (“Annulment Decision”) that the

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Authors

Ayberk Kurt
ACTECON (Istanbul)

Turkey 6 contributions 1374 visits
Alper Karafil
ACTECON (Istanbul)

Turkey 9 contributions 2194 visits

Quotation

Ayberk Kurt, Alper Karafil, The Turkish Administrative Court annuls a Competition Authority’s decision assessing excessive pricing in the online market and provides guidance on the standard of proof to be followed by the Authority (Sahibinden.com), 18 December 2019, e-Competitions Burden of proof, Art. N° 93539

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