A Critical Analysis of the Turkish State Aid Law

önenç Gürkaynak, The Academic Gift Book of ELIG, Attorneys-At-Law in Honor of the 20th Anniversary of Competition Law Practice in Turkey, 257-88 (2018); ISBN 978-605-315-235-4

42 Pages Posted: 22 May 2018

See all articles by Gonenc Gurkaynak

Gonenc Gurkaynak

ELIG Gürkaynak Attorneys-at-Law

Merve Öner

ELIG, Attorneys-at-Law

Hazar Başar

ELIG, Attorneys-at-Law

Date Written: March 1, 2018

Abstract

The concept of state aid and the question of whether it serves or distorts the healthy competitive environment within the markets has been a controversial issue amongst different jurisdictions. While there is a possibility for this kind of aid to distort the competition in the marketplace by providing a certain level of advantage to the assisted organizations, it might also be necessary and justified to provide state aid where there is a market failure. In other words, state aid that addresses a market failure and eliminates distortion within the market might offset the negative effects that state aid may have on competition, and therefore, such state aid is generally considered as permissible in certain jurisdictions, such as the European Union. In this regard, the purpose of this article is twofold: Firstly to analyze the differences between the EU legislation on state aid (primarily Article 107 of the TFEU) and Turkish legislation (i.e., Law No. 6015) by providing a conceptual examination of EU state aid law, and secondly to propose suggestions for further developments to Turkish state aid rules within the scope of the fundamental principles of competition law.

Keywords: state aid, competition law, TFEU, Turkish competition law, Law No. 6015

JEL Classification: K21, L40

Suggested Citation

Gurkaynak, Gonenc and Öner, Merve and Başar, Hazar, A Critical Analysis of the Turkish State Aid Law (March 1, 2018). önenç Gürkaynak, The Academic Gift Book of ELIG, Attorneys-At-Law in Honor of the 20th Anniversary of Competition Law Practice in Turkey, 257-88 (2018); ISBN 978-605-315-235-4 , Available at SSRN: https://ssrn.com/abstract=3174722

Gonenc Gurkaynak (Contact Author)

ELIG Gürkaynak Attorneys-at-Law ( email )

Çitlenbik Sokak No:12
Yıldız Mahallesi
Istanbul, Beşiktaş 34349
Turkey

Merve Öner

ELIG, Attorneys-at-Law ( email )

Çitlenbik Sokak No:12
Yıldız Mahallesi
Istanbul, Beşiktaş 34349
Turkey

Hazar Başar

ELIG, Attorneys-at-Law ( email )

Çitlenbik Sokak No:12
Yıldız Mahallesi
Istanbul, Beşiktaş 34349
Turkey

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