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COMPETITION LAW

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stated that there are a lot of piers owned by the private sector.

Consequently, the Board decided that the piers used by TDİ in

order for RO-RO ships to carry vehicles from one side of the Izmit

Bay to the other are not of an essential facility for the companies

willing to do the same business on the same line.

It would be better for the Board to clearly state its opinion on

the alternative sources of procurement in the Draft Guidelines.

Nevertheless, when the Draft Guide is examined it is seen that this

topic is examined in general terms, the Board does not expressly

state its opinion and there is no reference to a Board decision.

• Possible and Rational Alternative Source of Procurement.

The

Board, while evaluating whether an essential facility exists, from

the point of view of the undertaking to which the required good,

service or input is not supplied, examines whether the procurement

of the essential facility is possible and rational by other means. The

Board, in its decision dated 02.08.2007 and numbered 07-63/777-

283

, stated that in order to enter into the newspaper and magazine

editing market it is also required to enter into the downstream

market, which is the distribution of newspapers and magazines.

In order to enter into the newspaper and magazine distribution

market, it is required to open around ten thousand selling points.

Since the fulfillment of such start-up requirements is not possible

and rational, the Board decided upon the fact that YAYSAT, BBD

and BİRYAY, which were in a dominant position together, abused

their dominant position by hindering enterprises willing to enter

into the market from using the distribution networks (here the

distribution networks constitute the essential facility).

The Board also stated in its decision, dated 09.01.2003 and

numbered 03-03/25-7

, that it is possible and rational to obtain

an alternative source of procurement if obtaining such alternative

source of procurement is not “extremely difficult”.

For detailed information on the decision

Kurul%2bKarar%25c4%25b1%2fkarar2155.pdf (accessed on: 03.01.2014).

For detailed information on the decision, see footnote 9.