Message of The President

Free market economy is the best way of utilizing the resources of the world we live in. Systems where economic resources are distributed via the state have proved to be wrong within a short while. However, free market mechanism also does not always function automatically. The invisible hand cannot always be effective; in economy books, right after mentioning full competitive markets, market defects ruling out the conditions for them are listed.

Monopolies and cartels may emerge due to these market defects. Resources of the country may be distributed far from being effective, and economic actors that result from these defects may not mainly rely on efficiency. Here competition authorities come into play when market defects emerge, and play a dominant role in practicing the policies aiming both an effective allocation of resources and an increased efficiency. Researches conducted indicate that in countries where there is an increase in competitive density, national income per capita increases as well. Competition policy which endeavours for increasing competition in every area is one of the prerequisites of an increased national welfare.

The function performed by competition authorities and by the Competition Authority specifically has also a direct influence on consumers' lives. An investigation of the Competition Board, which was opened upon the fact that certain newspaper distributors exerted pressure on their dealers and prevented the distribution of particular newspapers and which was concluded by the termination of this action and imposition of fines on those concerned, is a clear example in this regard. Thus, it paved the way for consumers to find newspapers and magazines of choice at the final sales points. Likewise, as a result of an investigation against a GSM firm which prevented its distributors from engaging in campaigns with other GSM firms, putting these companies in a difficult situation and which therefore prevented using any SIM card in certain mobile phones, this practice was terminated and the restriction of consumer preferences was precluded. Such examples are many in number. Every decision taken by the Competition Board ultimately reflects on consumers in the form of price reduction, increased alternatives for choices and increase in quality.

Competition policy focuses on three main areas of intervention directed at the realization of all these objectives:

" Prevention of agreements restricting competition and abuse of dominant position,
" Control of mergers and acquisitions, prevention of attempts for mergers and acquisitions which would create a dominant position in the market and adversely affect competition,
" Monitorization of state aids, prohibition of state aids contrary to efficiency and competition.

Article 167 of the Constitution provided the state with the task and responsibility to take measures for ensuring and developing the sound and regular functioning of markets for money, loans, capital, goods and services, and to prevent monopolization and cartelization in markets, which would arise from de facto agreement.

For purposes of ensuring that the above-mentioned functions are fulfilled along the lines of the said provision of the Constitution, the Act on the Protection of Competition No. 4054 was put into force on December 13, 1994, and the Competition Authority provided for in the Act was set up and commenced operation in 1997. The foregoing three pillars of competition policy would become operative, with providing the Authority with the task to monitor state aids as well.

The Competition Authority which commenced its operation in 1997 rapidly adapted the EU legislation which is the source of the Act, through the Communiqués issued by it, and ensured a considerable alignment with the EU in terms of competition policies, by means of closely following the EU practices. While performing, on the one hand, the task of surveillance and supervision entrusted to it by the Act, the Authority targeted, on the other hand, spreading competition culture in the society via the scientific events organized by it. It engaged in continuous cooperation and communication with public institutions and sectoral participants.

In order for competition policy to be successful, which concerns social sectors that closely and which is the guarantee of economic freedom, and for purposes of aligning with the modern world in this regard, it is a requirement that other institutions besides the Competition Authority adopt principles of competition and act in accordance with them. As a matter of fact, a letter forwarded to public institutions by the Prime Ministry reads as: "It is also important for effectively attaining the benefits sought to be obtained from opening the markets to competition and conducting future developments in a sound manner that the basic principles of competition law mentioned in the Act on the Protection of Competition No. 4054 are taken into account during opening the markets to competition in terms of successfully concluding the process of full membership to EU and the "Regulatory Reform" program carried out with the Organization for Economic Cooperation and Development (OECD)."

The Competition Authority may not only act on its own initiative against infringements of competition but also evaluates complaints from the parties concerned and consumers, which fall under its scope of duty. In our country, it would be possible, to some extent, to remove the barriers to competition when sectoral participants and consumers who adopted competition culture by heart contribute to the implementation of competition policy, by means of notifying our Authority, through our website or other means, of the infringements of competition encountered by them. Our website prepared for providing information about the activities of the Authority and for contributing to competition culture at every level of interest performs also an e-government service in this context.