164 / 516
However, quantity rebates should not be considered as per se legal;
their effects in the market should also be examined.
Functional rebates are also considered as legal and do not consti-
tute price discrimination because this kind of rebates is provided by the
suppliers for the reason that the buyer effectuates a function in the rel-
evant market.
In this framework, it should be noted that while rebates systems
are predefined and are provided to the entire buyers, we may not men-
tion any price discrimination
7
.
Conclusion
Rebates systems applied by the undertakings in dominant position
cause the buyers to make more efforts for achieving relevant targets
and thus limit their freedom of choice, prevention, distortion or restric-
tion of competition in the relevant market, and cause discrimination
between the buyers. Therefore, rebates which promote the fidelity of
the buyers and which are provided ambiguously are prohibited under
Turkish Competition Law. However, as is mentioned before, we may
not refer to the price discrimination if the rebates are explicitly definite
and objectively applied.
Consequently, undertakings in dominant position should pay atten-
tion while applying rebates systems that discrimination and exclusion
effects are sufficient for the prohibition in Competition law. However,
in case that different pricing have economic and rational justifications
(rule of reason), related rebates shall not be considered as abuse of
dominant position. Briefly, while applying rebates due to the necessi-
ties of the commercial relation and market conditions, undertakings in
dominant position should take into consideration that these rebates
must not have discriminatory and exclusionary effects and apply
rebates systems objectively.
150
NEWSLETTER 2012
7
Gül, İbrahim
,
Teşebbüsün Alıcılarına Ayrımcılık Yaparak Hâkim Durumunu Kötüye
Kullanması
, Rekabet Kurumu Lisansüstü Tez Serisi No: 2, Ankara, 2000, p. 83.