ERDEM-NEWSLETTER-2018-metin

91 COMPETITION LAW done through e-mails and similar means between the distribution com- pany and ASC, and the distribution staff performing various activities on behalf of the ASCs, have been examined, in detail. In this context, various explanations are given as to how the Com- petition Authority’s sectorial regulations and competition law rules can be applied together. Furthermore, the decision does not deal with the act of violating the rules of discrimination, frequently, but exam- ines the cases of abuse of dominant positions, which are carried out by violating the rules of legal unbundling under the scope of the investi- gation. Thus, the Competition Authority emphasizes that it examines competition law violations in the form of abuse of dominant positions that can arise as a result of the violation of the legal unbundling rules between the distribution companies and the ASC, not the violation of the legal unbundling rules, uniquely. Conclusion The Competition Authority unanimously decided that the distri- bution companies and ASCs operating in the reviewed regions are in violation of Law No. 4054 for abuse of dominant positions, in both the CK and Enerjisa resolutions. The determination that both distribution companies and ASCs are dominant in the relevant product markets, and that abuse of these dominant positions has been determined is important. It should be noted that the relevant market is defined as quite narrow in both cases. In many respects, these decisions are likely to lead to radical changes in the electricity sector. In this sense, the most vital results can be observed in terms of supplier changing processes for non-paying consumers. As is stated by the Competition Authority, it is important to prevent any obstacles in the process of changing suppliers for consumer welfare, although the activities of ISCs are aggravated by the current market conditions, and it is difficult for them to enter the regions of ASCs. Only if this condition is met, will a strong and com- petitive retail electricity sales market be possible. Otherwise, it will be difficult to achieve consumer well-being, which should be reached through liberalization in the electricity sector.