NEWSLETTER-2017

106 NEWSLETTER 2017 When EU and Turkish practice is compared, one of the major differences lies in the wording of Article 102(a) of the TFEU and Ar- ticle 6 of the Act on the Protection of Competition numbered 4054 (“Act”). Article 102(a) of the TFEU provides that imposing, directly or indirectly, unfair purchase or selling prices shall be considered as an abuse of an undertaking in a dominant position. Under EU practice, excessive pricing is interpreted under this Article. On the other hand, Article 6 of the Act, which is the equivalent of Article 102, does not contain similar wording. However, as Article 6 lists types of abuses by way of illustration, it is considered, in practice, that excessive pricing is an abuse that should be evaluated under Article 6. In practice, there are differing views about excessive pricing and the conditions that are to be considered as abusive behavior. Excessive pricing has an unbreakable connection with monopoly and dominant position. In this respect, one of the views is that the prohibition of excessive pricing would also mean preventing an undertaking in a dominant position to maximize its profit. This view also points out that the supra-monopoly prices shall be considered as unfair 1 . Another aspect debated in practice is whether competition authorities would be able to monitor the constant increases in prices. It is also questioned whether the competition authorities are the right instrument to deal with excessive pricing 2 . EU Practice The dominant view in the EU doctrine points out that exploit- ative excessive pricing, which directly manipulates and damages the customer, shall be interpreted under Article 102 (a). The first decision in which the European Commission (“Commission”) has evaluated excessive pricing is the General Motors decision 3 . The Commission, 1 Ünal, Çiğdem, Aşırı Fiyat Kavramı ve Aşırı Fiyatlama Davranışının Rekabet Hu- kukundaki Yeri, Ankara 2009, p. 11,12. 2 Ünal, p. 12. 3 Judgment of the Court of 13 November 1975. - General Motors Continental NV v Commission of the European Communities. - Case 26-75; http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX :61975CJ0026 &from=EN