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NEWSLETTER 2013 152
“Predatory pricing is an anti-competitive pricing strategy by
which a dominant undertaking engages in predatory conduct
by deliberately incurring losses (sacrifice) in the short term,
so as to foreclose or discipline or prevent by other means the
competitiveness of one or more if its actual or potential competitors
with a view to strengthening or maintaining its market power.”
Historical Development
The Board gave its first decisions on predatory pricing in the 1990s.
The Board, in those decisions, gave a general decision on this practice
and stated that it should be considered under Article 6 of the Competition
Act7.
Then, the Board stated step by step in its decisions the required
conditions in order for a company’s behavior to be considered as predatory
pricing. For instance, in the Board’s decision (“Aycell Decision”), dated
14.08.2003 and numbered 03-56/655-3018, the Board called attention
to the objective of the undertaking which allegedly applied predatory
pricing and decided that there was no predatory pricing since Aycell did
not intend to push its competitors out of the market.
In addition to the abovementioned condition, the Board also specified
in its decision dated 19.10.2004 and numbered 04-66/955-2319 (“Hürriyet
Gazetesi”), that a price should be temporarily determined as being below
the product value in order for it to raise the question of predatory pricing.
7 For instance see the Board’s decision dated 26.11.1998 and numbered 93/750-159 http://
%2bKarar%25c4%25b1%2fkarar10.pdf (accessed on: 04.10.2013) or the Board’s decision
dated 29.02.2000 and numbered 00-9/89-44
Kurul%2bKarar%25c4%25b1%2fkarar41.pdf (accessed on: 04.10.2013).
8 To reach the decision
2bKurul%2bKarar%25c4%25b1%2fkarar742.pdf (accessed on: 04.10.2013) Also see the
Board’s decision dated 02.10.2002 and numbered 02-60/755-305,
Kurul%2bKarar%25c4%25b1%2fkarar633.pdf (accessed on: 04.10.2013).
9 To reach the decision.
Kurul%2bKarar%25c4%25b1%2fkarar1027.pdf (accessed on: 04.10.2013).