NEWSLETTER-2020-metin

181 COMPETITION LAW The File of Sahibinden.com; A Phoenix Story* Att. Mert Karamustafaoğlu Wer kämpft kann verlieren. Wer nicht kämpft, hat schon verloren. B. Brecht Introduction The legendary bird, called “Phoenix,” “Simurg.” or “Zümrüdü Anka,” has an important place in Arab, Iranian and Turkish mytholo- gies. According to the legend, the Phoenix is a wise bird that lives on Mount Kaf, an inaccessible mountain, and it can talk and think like people. But what makes the Phoenix unique is that it is immortal. When the Phoenix realizes that its death is coming, it builds a nest for itself and waits to die in it. The sunlight burns dry branches inside this nest, and after the Phoenix burns, it magically regenerates from its ashes. It begins a new life with all its wisdom. This legendary bird is seen as a symbol of power and wisdom because of its inaccessibil- ity, unlimited knowledge and immortality. Basically, the birth of the Phoenix from its ashes tells the story of those who show effort and patience to recreate their own luck. Competition Authority’s (“Competition Authority” or “Author- ity”) Sahibinden.com Decision (“Sahibinden Decision”) 1 numbered 18-36/584-285 and dated 01.10.2018 is of great importance because it contains many controversial issues, such as the market power provided by digital platforms and excessive pricing. Although a very short time has passed since the decision was rendered, the process has become even more interesting through a more recent judicial decision. With the new court decision, the Sahibinden Decision has become one of the rare decisions that has been annulled by the judiciary. * Article of February, 2020 1 https://www.rekabet.gov.tr/Karar?kararId=8a58df07-f31b-457e-b936-9fa3af- d5fdbf (Access Date: 04.03.2020).