Restricting the freedom of contract under competition law

The existence of freedom of contract, which is one of the basic principles of private law is guaranteed, and also it is measured to ensure the healthy and orderly functioning of the goods and services markets, and to prevent the monopolization and cartelization resulting from the agreements in markets by the Constitution. In this respect, the Turkish Code of Obligations ( No.6098 ) has established a contractual scope and imposed restrictions on the freedom of contract, however, the Law on the Protection of Competition (No. 4054) has moved away from the definitions established by the TCO. With this study, firstly, the elements and scope of the agreement will be discussed in accordance with the competition law. In addition, it will be explained how the restriction of the freedom of contract is regulated in the Constitution and the Turkish Code of Obligations. Then, which provisions and methods of freedom of contract is restricted in competition law will be discussed. Lastly, the expected effectiveness of the regulations restricting the freedom of contract according to competition law, the legislation intervening or silencing the contracts and the place of public policies are evaluated and finally the public policies were included in the restriction of the freedom of contract and the importance of public policies in competition law was evaluated. Key Words: Agreement, Contract, Freedom of Contract, Limitation, Efficiency, Public Policy, Competition.