NEWSLETTER-2017

134 NEWSLETTER 2017 If Amazon were to breach the commitments, the Commission could impose a fine of up to 10% of Amazon’s total annual turnover, without having identify any violation of the EU competition rules 7 . Why is the Amazon Decision important? Considering the Competition Authority’s interest in the MFN clauses in multisided markets, the Amazon Decision can be accepted as an important decision for Turkish competition law. Accordingly, the Competition Authority’s interest in this spe- cific subject is observed through its two recent decisions relating to similar issues. In the Yemek Sepeti decision, the Competition Board imposed an administrative monetary fine on Yemek Sepeti, an online food order platform, ordered it to end any type of MFN practices that prevent competing platforms to offer better or different conditions, and revise its agreements within such scope. The Competition Board found that Yemek Sepeti’s practices prohibit restaurants from offer- ing better conditions to other platforms, and are exclusionary for its competitors; therefore, in breach of Article 6 of the Law Numbered 4054. 8 Furthermore, the Competition Board fined Booking.com, the commonly known hotel reservation platform, since it found that Booking.com violated Article 4 of Competition Act Numbered 4054, and imposed an administrative fine on the undertaking. Additionally, in the same decision, the Competition Board accepted Booking.com’s commitments on narrow MFN clauses for 5 years, and granted indi- vidual exemption 9 . In light of these decisions, it appears that the Competition Board tends to evaluate the market power and the anticompetitive effects to be directly proportionate in platform markets where MFN clauses find application. The Competition Board may determine the legal grounds as being Articles 4 or 6 of Competition Act Numbered 4054, but under all conditions, it primarily focuses on whether the practice restricts 7 http://europa.eu/rapid/press-release_IP-17-1223_en.htm (Access Date: 16.06.2017). 8 Competition Board’s Yemek Sepeti Decision dated 09.06.2016 and numbered 16- 20/347-156. 9 Competition Board’s Booking.com Decision dated 05.01.2017 and numbered 17- 01/12-4.