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Competition Law in Turkey

Arif ESİN

I. General Information and Obligations of Turkey

The liberalisation trend inclined by the globalisation process has necessitated that the trade both in the domestic and global markets should be free of unfair competition and competition abuses. The national competition laws enforce the development of the competition between nations by applying national competition rules in their domestic markets and not to allow competition abuses.

Turkey has rapidly and successfully harmonised its regulations concerning intellectual property rights and unfair competition in importation. The same success was also gained in harmonisation of the competition law.

The application of intellectual property rights and the introduction of competition law in Turkey, are the results of international obligations regarding WTO Agreement and Customs Union Decision. In fact, the articles 32, 33 and 41 of the Decision of the Association Council No. 1/95 of 6 March 1995 provide competition rules to be applied for the proper functioning of the Customs Union. These articles are actually identical with the articles 85, 86 and 90 of the Treaty (81, 82 and 86 after the Amsterdam Treaty).