NEWSLETTER-2020-metin

133 COMPETITION LAW on paper, fertilizer, and supermarket markets that came to the agenda with the claims of high price increases but, mostly, no violation was determined. Past practices clearly reveal that the Competition Authority is closely examining markets with high price increases due to both for- eign exchange increases and seasonal conditions. It tries to protect the interests of consumers by examining the effects and causes of price increases. It also takes into account all economic arguments through- out the crisis period, which has been put forward as a defense in this matter. However, in previous decisions, the Competition Authority did not take into account only the crisis defense. For example, the eco- nomic crisis defense proposed in the Seramik 15 decision was not ac- cepted. The Competition Authority indicated that a crisis cartel must be formed in order to reduce excess capacity, should not involve price determination or quota agreement, and public authorities should be notified. In the Otomotiv ÖTV 16 ,Tüpraş 17 and 12 Banks 18 decisions, crisis defenses were made by undertakings, but these defenses were not accepted, as well. It is clear from these decisions that the Competition Authority accepts the defenses made during the crisis periods only as a reason for the reduction if it reveals drastic changes in the market conditions. The existence of only one crisis is not considered as a defense that eliminates the violation of competition. However, it should be noted that the effects of an epidemic, such as COVID 19, have not yet been examined by the Competition Authority. Such a pandemic can change the jurisprudence of the Competition Authority, as in the rest of the world. 15 https://www.rekabet .gov. tr/Karar?kararId=794eb352-4c6e-40df-8d73- 7867772827e3 (Access date: 09.06.2020). 16 https://www.rekabet.gov.tr/Karar?kararId=b2bac617-7340-433a-99b8- b9ff8d3e1934 (Access date: 09.06.2020). 17 https://www.rekabet.gov.tr/Karar?kararId=3b186e10-8a4d-4897-a49a- d8e5e2f1b21f (Access date: 09.06.2020). 18 https://www.rekabet.gov.tr/Karar?kararId=30851aa5-2cf3-4c54-b284-e192ed- 6ed71b (Access date: 09.06.2020).