The fact that people live in communities and the process leading to division of labor and specialization as a natural result of this it has led to the emergence of economic systems. This situation necessitated the notion of “Competition”. In addition, today’s division of labor, desire to get more shares from production, make competition effective.
Competition Law in the European Union is among the articles regulating the common provisions to be applied to businesses under the title of “Community Policies” of the Treaty of Rome, known as the founding treaty of the European Economic Community. Also, 2–3 of the said law set out the main objectives of the EU. In Turkey, according to the Law №4054 on the Protection of Competition, which was prepared on the basis of Roman law, the notion of competition means “a race that enables free economic decisions to be made between enterprises in the goods and services markets”. In addition, the 4th, 6th and 7th articles of the first part of the second part of the Law on the Protection of Competition, under the title of “Prohibited Activities”, which have been developed for the purpose of ensuring and protecting the functionality in the market economy, should be taken into consideration. There are similarities and differences between TR and the EU such as Free market economy, market regulation and purpose in Competition law and Competition law jurisdiction.
The first thing I considered was the Free market economy. In this regard, both TR and the EU regulate their anti-competitive behavior aimed at maintaining and supporting the free market economy. So, there are three intersections such as to prevent agreements or concerted practices that are likely to adversely affect competition between companies. Prevent mergers, acquisitions or joint enterprises that are likely to adversely affect competition. It can be listed as preventing possible decisions and actions that will enable a company to take a profitable position or act alone in a certain market.
Second thing is the market regulation and purpose in Competition law. In this case, the EU has a different structure from the TR because the EU is a collective structure and solidarity has been provided between the member states as per Article 2 of the Rome Treaty, balanced development in economic activities throughout the EU by establishing a Common Market; high employment and social security, growth without inflation; to ensure high competition in economic performance, to ensure economic/social cohesion and solidarity among member states. However, TR doesn’t have such a common purpose of solidarity.
Last but not least thing is Competition Law Jurisdiction. According to the EU competition policy, the institution related to competition is: “Commissioner in Charge of Relations with the Commission and Parliament and Competition, General Directorate of Competition” and competition laws, together with Article 85 of the Treaty of Rome, which is the subject of treaties, and Article 86, the subject of which is abuse of dominant position. It is the European Regulation on “Mergers and acquisitions” of 1989. The decision authority is the commission, and the relevant objections are forwarded to the Court of First Instance or the European Court of Justice. Until 1990, while appealing only to the Court of Justice against all Commission decisions; Since 1990, those concerned must first go to The Court of First Instance. In Turkey, the Competition Board, affiliated to the Ministry of Trade, is the decision-making body of the Competition Authority and consists of a total of seven members appointed by the president, one of who is the president and the other is the Vice President. The duties and powers of the institution are determined by law.
As a result, how the concept of competition was born, why it is necessary, where and how it is interpreted, and by whom it is controlled were handled.
