NEWSLETTER-2017

108 NEWSLETTER 2017 prices. The Commission stated that it would investigate whether As- pen is breaking EU competition rules by enforcing excessive pricing on its medicines. Turkish Practice As provided, above, Article 6 of the Act does not suggest the clear wording of Article 102(a) of the TFEU; however, the first paragraph of Article 6 of the Act, stating that “the abuse, by one or more under- takings, of their dominant position in a market for goods or services within the whole or a part of the country on their own or through agreements with others or through concerted practices, is illegal and prohibited,” is regarded as legal grounds to consider excessive pricing as an abuse of dominant position. The Turkish competition authority in the Belko decision 13 investi- gated allegations against Belko, which is an undertaking founded and controlled by the municipality and is engaged in import and the sale of coal; it is important to note that Belko owned the right to import and sell coal, exclusively. As a result of its investigation, Competi- tion Board (“Board”) established that there was abuse. This decision is important to portray the Board’s point of view toward excessive pricing. The Board emphasized that it is important to differentiate in the market in which excessive pricing should be considered as abuse. In the Belko decision, the Board took notice of Belko’s exclusive right granted by law to import and sell, the market’s position where new entry was not possible, and the lack of regulation in order to prevent pricing exploitation, and that the low level of product demanded elas- ticity 14 . Another decision of the Board that was subject to excessive pric- ing, was the Botaş-Ego-İzdaş-İgdaş decision 15 . In this decision, the 13 Decision dated 06.04.2001 and numbered 01-17/150-39. http://www.rekabet.gov . tr/File/?path=ROOT%2f1%2fDocuments%2fGerek%25c3%25a7eli%2bKurul% 2bKarar%25c4%25b1%2fkarar3048.pdf. 14 Ünal, p. 68. 15 Decision dated 08.03.2002 and numbered 02-13/127-54; http://www.rekabet.gov . tr/File/?path=ROOT%2f1%2fDocuments%2fGerek%25c3%25a7eli%2bKurul% 2bKarar%25c4%25b1%2fkarar532.pdf.