Abstract :
With the development of economics as a science, the most significant phenomenon has been the disruption of the environment of free competition, forming the basis for the economy, by various issues experienced in the market. Market actors existing in a free and competitive environment established according to liberal principles may attempt to facilitate competition in a way that violates legal boundaries, or to decrease or completely eradicate the competition between themselves. It is inevitable that some legislation must be instituted to prevent such issues from emerging in the market economy. In countries where a free market economy exists, different approaches have been adopted in terms of competition law to prevent agreements, understandings and decisions geared to disrupt competition and monopolisation and the abuse of prevalent conditions has been prohibited. An effective state of competition requires the limitation of various forms of conduct. This includes tying arrangements. Tying is defined as the connection of one commitment or product offered by a vendor with the procurement of another product or service. Article 102 of the Treaty on the Functioning of the European Unionand Turkey’s RKHK Article 6 are aimed at preventing undertakings who hold a dominant position in a market from abusing that position. Its core role is the regulation of monopolies, which restrict competition in private industry and produce worse outcomes for consumers and society. Under Article 102 tying is defined as making the conclusion of contracts subject to acceptance by the other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such contracts. Tying one product into the sale of another can be considered abuse too, being restrictive of consumer choice and depriving competitors of outlets.Article 102 of the Treaty on the Functioning of the European Union and the paralel arrangement of Turkey’s Law on the Protection of Competition Article 6are aimed at preventing undertakings who hold a dominant position in a market from abusing that position. Its core role is the regulation of monopolies, which restrict competition in private industry and produce worse outcomes for consumers and society. It is the second key provision, after Article 101, in TFEU competition law. The text of Article 102 provides the following, “Any abuse by one or more undertakings of a dominant position within the internal market or in a substantial part of it shall be prohibited as incompatible with the internal market in so far as it may affect trade between Member States. Such abuse may, in particular, consist in: (a) directly or indirectly imposing unfair purchase or selling prices or other unfair trading conditions; (b) limiting production, markets or technical development to the prejudice of consumers; (c) applying dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a competitive disadvantage; (d) making the conclusion of contracts subject to acceptance by the other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such contracts.
