Publication: The concept of concerted practice ans its scope from the perspektive of Turkish and European competition Law
Abstract
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Competition arrangements, in general, prohibit collaborative practices, which restrict competition, among undertakings. Collaborative practices among undertakings include agreements among undertakings, concerted practices and decisions by association of undertakings. The merger and acquisition can be also included to collaborative practices but these practices are quite separate study matters. Except the decisions of association of undertakings, it is quite difficult without leaving any doubt and uncertainty to be able to fully separate and identify the meanings and scopes of agreements and concerted practices. However, there are significant differences in respect of the perspective of execution possibility and consequences of these two concepts. In this study, the meaning, execution possibility and consequences of these two concepts have been discussed broadly.
Competition arrangements, in general, prohibit collaborative practices, which restrict competition, among undertakings. Collaborative practices among undertakings include agreements among undertakings, concerted practices and decisions by association of undertakings. The merger and acquisition can be also included to collaborative practices but these practices are quite separate study matters. Except the decisions of association of undertakings, it is quite difficult without leaving any doubt and uncertainty to be able to fully separate and identify the meanings and scopes of agreements and concerted practices. However, there are significant differences in respect of the perspective of execution possibility and consequences of these two concepts. In this study, the meaning, execution possibility and consequences of these two concepts have been discussed broadly.