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COMPETITION LAW 153
A temporary period of time means a period of time during which a product
may be hold to the market.
It is also emphasized in the Board’s decision dated 05.06.2008 and
numbered 08-37/487-17110 ( Decision”), that the undertaking
which is supposedly engaged in predatory pricing be in a dominant
position in order for it to be the question of predatory pricing.
Moreover, in its decision dated 30.12.2009 and numbered 09-
61/1498-394 11, the Board referred to the condition of profitability and
emphasized that in predatory pricing, the related undertaking should earn
profits by increasing the prices afterwards.
When the Board’s recent decisions are examined, it is observed
that the Board evaluated the abovementioned conditions together and
determined that there is no predatory pricing in the event that one of the
conditions is not fulfilled12 .
Finally, as per the Board’s practice over the last fifteen years, the
determined conditions are handled and expressed in the Draft Guidelines.
Conditions
To determine whether or not there is predatory pricing, the conditions
applied are as follows:
Pre-condition: To be in Dominant Position
In order to be considered an abuse of dominant position, the primary
required condition (pre-condition) is that the relevant undertaking is in
the dominant position in the relevant market.
However, when the Board’s decisions are examined, it is mostly seen
that the Board does not make such a determination. For instance, in its
10 To reach the decision
Kurul%2bKarar%25c4%25b1%2fkarar2474.pdf (accessed on: 04.10.2013).
11 See the following link to access the Board’s decision:
Kurul%2bKarar%25c4%25b1%2fkarar2474.pdf (accessed on: 04.10.2013).
12 For instance, see the Board’s decision dated 18.07.2013 and numbered 13-46/589-259,
footnote 2.