NEWSLETTER-2020-metin

183 COMPETITION LAW The most controversial part of the Sahibinden Decision is that it concerns an excessive pricing evaluation. The Authority compared the prices and increased rates of the undertaking with its competitors. In the analysis made, it was determined that the prices of Sahibinden. com are high, and that their competitors in the market cannot exert enough competitive pressure in the market. In addition, it was evalu- ated that there is no potential competitive pressure due to barriers to market entry. For this reason, the Authority stated that the market in which Sahibinden.com operates does not have the opportunity to cor- rect itself in the short and medium term; that is, high prices will not result in new competitors entering the market and, thus, no improve- ment will be achieved. As a result of these statements, it has been determined that Sahib- inden.com has abused its dominant position through excessive pricing. Rebirth from the Ashes: Annulment Decision An administrative application was made against the Sahibinden Decision by the referred undertaking, but this application was reject- ed 2 . Thereupon, it was applied to the judicial remedy, and a lawsuit was filed against the Sahibinden Decision. The 6th Administrative Court of Ankara dismissed the Sahibinden Decision, with prejudice, through its decision numbered 2019/946 E., 2019/2625 K. (“Annul- ment Decision ”) 3 . The Annulment Decision is one of the few decisions that exam- ines the decisions of the Competition Authority on the merits, and annuls due to deficiencies on the merits, of the decision. However, more importantly, the concept of ‘excessive pricing,’ which is quite controversial in terms of competition law, is examined in detail by the court. The court commented, in detail, about the concept of “excessive pricing” which the Competition Authority examined in only 3-4 of its decisions. 2 https://www.rekabet.gov.tr/Karar?kararId=5717e006-6739-48bb-ac8b-8fb- f6e80f729 (Access date:04.03.2020). 3 https://www.rekabet.gov.tr/Safahat?safahatId=bc9f149c-bbcc-4fd8-ad33- d6145908954e (Access date: 04.03.2020).