The Impact of EU Law on Swiss and Turkish Regulation of Competition - With Specific Consideration Given to Abuse of Dominant Position Cases
The Impact of EU Law on Swiss and Turkish Law, Edited by Lukas Heckendorn Urscheler - ISDC (Schulthess 2015)
50 Pages Posted: 19 Mar 2015 Last revised: 4 Jun 2015
Date Written: March 17, 2015
Over the 88 years since the reception of Swiss private law in Turkey, cooperation between the two countries’ academic institutions has been promoted thanks to numerous projects, and much work has been done to enhance a mutual legal understanding. Today, the interaction between the two systems is less constrained and more diverse than may have been assumed in the last century. The fundamental issues arising from the interplay between national and international law as well as the implementation into national law of international norms and standards such as the new European regulatory policies have had a significant impact on Swiss and Turkish laws. Competition law is perhaps the most straightforward example where such an impact can be observed.
The main goal of this paper is a review of the impact of European competition law on both Swiss and Turkish competition regimes, with specific consideration given to abuse of dominant position cases. Before getting into a detailed analysis of this impact, it is worth briefly touching on the general influence of European private law upon the Swiss and Turkish legal landscapes. Indeed, since the last Journées Turco-Suisses in 2008, they have undergone significant changes on several fronts. I will then study the impact of EU competition law on the abuse of dominance standards in Switzerland and Turkey. I will examine this impact in light of the current European developments, particularly the effects-based approach before ending with some thoughts on improving the enforcement of existing rules on abuse of dominant position.
Keywords: Antitrust law, Swiss competition law, Turkish competition law, abuse of dominant position
JEL Classification: K21
Suggested Citation: Suggested Citation