Under-cost pricing in competition law (In particular; The Law on the Protection of Competition and the Turkish Commercial Law)

Price is an indicator with many features. One of the important features of price is that it is treated as the language of the market. The main element that should be evaluated in price formations is undoubtedly the concept of cost. Although it has been clarified that how the concept of cost assessment would be evaluated separately within the framework of legal regulations, joint cost assessments covering for any types of legal regulations have not been made. Within the framework of the Code on the Protection of Competition and the provisions over unfair competition of the Turkish Commercial Code, broadly considered as competition law in general as well as in this dissertation, that would be productive to make a common cost assessment for the creation of legal unity. Such an assessment is also compatible with the principle of integrity of law. In this dissertation, the destructive pricing regulated through the Art. 6 of the Code on the protection of Competition is taken as the basis for examining the concepts of cost and under-cost pricing. In the evaluations of the unfair competition provisions of the TCC within the framework of under-cost pricing, it has been discussed within the framework of the relevant provisions whether cost analyses can be subject to a joint cost assessment with the Code on the Protection of Competition rather than a separate assessment. Thus, within the framework of the concept of cost, the reflection of under-cost pricing on competition law has been tried to be examined.