Newsletter-21

164 NEWSLETTER 2016 consequences under competition law concerns, such as exclusion of the rivals, as well as aggravating market entries. According to the deci- sional practice of the Board, the retroactive and personalized features of a rebate scheme have a direct effect with regard to the determination of its loyalty inducing effects. Progressive rebates 8 are defined as hav- ing the potential to address a greater part of the market in comparison with fixed-ratio rebates 9 . On the other hand, The Board found that Tüpraş’s retroactive and progressive rebate scheme is not anti-competitive, since it is consid- ered to be a flexible scheme. As explained above, the Board based its “flexibility” assessment upon the amendable places of the customers who exceed, or cannot reach, the determined amount for the tier. Fur- thermore, the Board considered the market conditions, as well as the effects and the benefits of the rebate system. Conclusion The Tüpraş decision is significant for the reason that it provides guidance in regard to the competition law aspects of the turnover premium rebate schemes of the dominant undertakings. Moreover, the decision shows that the Board considers the special features of the rebate scheme along with the market conditions. Therefore, it is correct to conclude that the Board has adopted a more analyzing ap- proach, instead of a formal approach, since it examined all the features of the rebate scheme, and was not solely focused on the retroactive and progressive characteristics of the system. serves the same function as an individualized purchase target for a certain group of customers, the target in question is considered to be individualized for those customers. 8 Progressive rebate schemes comprise more than one target and more than one discount rate meeting each discount target. 9 Arıtürk, Remzi Özge , İndirim Sistemleri: AB ve ABD Uygulamaları Işığında Test Önerileri ve AB Uygulamasındaki Son Gelişmeler , Competition Journal, 2011, 12(1): 6.