Contact: Prof. Dr. H. Ercument Erdem; Erdem & Erdem (Turkey)
Under Turkish competition law, undertakings, whether in a dominant position or not, are in principle not obliged to conclude contracts with other undertakings, in line with the principle of freedom of contract. In other words, any undertaking, whether dominant or not, should have the right to choose its trading partners and to dispose freely of its property.
However, in some cases, undertakings in a dominant position are under the obligation to conclude contracts in opposition to the principle of freedom of contract. Under competition law, this obligation is referred to as the "essential facilities doctrine".
The situations in which the "refusal to supply" or the "refusal to contract" may create an infringement of competition are examined in this article.
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