Concerted practi̇ces in Turkish Competition Law

In this work prepared as a master thesis, the issue concerning collusive agreements indicating a variety of reconcilements at lower levels and their legal outcomes between the forms of collusing among undertakings as a result of their nature violating the rules of competition from viewpoint of circumstances where the collusive agreements and organizations of undertaking associations that have created actual effects violating the rules of competition at pertinent market and being conducted secretly against the third parties could not be proved by evidences, and also in respect of conditions for the existence of coordination circumstances arising from actual coaction strategies whether made against the third parties, are analysed. Under the article of 4 of Turkish Competition Act, agreements and concerted practices between undertakings and decisions and practices by associations of undertakings which have, directly or indirectly, as their object or effect the prevention, restriction or distortation of competition or which shall be prevented, restricted or distorted it, are prohibited. Concerted practices in article 4 of Turkish Competition Act correspond with concerted practices in article 81 of the EC Treaty. In this content, by reffering to correlated decisions of the EU Court of Justice and Competition Board in whole of the thesis, general characteristics of article 4 are mentioned, concepts are evaluated, the issue regarding the relation between agreement and concerted practice is examined and legal consequences that may arise from that separation are examined. Besides, in order to clarify the content, the US competition law, in which the economic and legal theories forming the basis in this field are indicated as an example alternative model in respect of these theories and implementations that are based on them. The object of the Turkish Competition Act and EC Treaty in creating the concept of concerted practice is to anticipate the possibility of undertakings evading the implementation of competition rules by colluding in an anticompetitive manner falling short of a definite agreement or a decision. At this point, concerted practises are a key coupling under Turkish and EU Competition laws.