MARKETING AND COMPETITION LAW: IN THE PERSPECTIVE OF TURKISH COMPETITION AUTHORITY CASES

Increasing competition in many economies in the world brings back new strategy seekings. Sometimes these seekings cause “aggressive” or suicidal” applications. Since these applications negatively affect competition, legal arrangements about these subjects have been made with competition law in Turkey as in many countries. In this study the relationship between marketing and competition law was investigated by analyzing the decisions of Turkish Competition Authority. At the same time Turkish Competition Law is explained for marketing decision makers of firms and also marketing academicians. All the decisions from the Authority’s foundation date are analysed. The analysis has been made by Nvio package program. Findings of this study are; There is an important relationship between marketing and antitrust law, marketing strategies play an important role in Turkish Competition Authority’s decisions, decision makers in marketing should be aware of the regulations of competition law while they are giving important strategical decisions.

MARKETING AND COMPETITION LAW: IN THE PERSPECTIVE OF TURKISH COMPETITION AUTHORITY CASES

Increasing competition in many economies in the world brings back new strategy seekings. Sometimes these seekings cause “aggressive” or suicidal” applications. Since these applications negatively affect competition, legal arrangements about these subjects have been made with competition law in Turkey as in many countries. In this study the relationship between marketing and competition law was investigated by analyzing the decisions of Turkish Competition Authority. At the same time Turkish Competition Law is explained for marketing decision makers of firms and also marketing academicians. All the decisions from the Authority’s foundation date are analysed. The analysis has been made by Nvio package program. Findings of this study are; There is an important relationship between marketing and antitrust law, marketing strategies play an important role in Turkish Competition Authority’s decisions, decision makers in marketing should be aware of the regulations of competition law while they are giving important strategical decisions.

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  • • Ashton, J.K. and Andrew, D.P., (2006). Regulatory Perceptions of Marketing: Interpreting U.K. Competition Authority Investigations from 1950 to 2005. Journal of Public Policy & Marketing, Vol:27, No:2, pp:156-164.
  • • Aslan, İ., (2005). Rekabet Hukuku. Bursa: Ekin Yayınevi.
  • • Bush, D. and Gelb, D.B., (2005). When Marketing Practices Raise Antitrust Concerns. MIT Sloan Management Review, Vol:46, No:4, pp:73-81.
  • • Eren, E., (2002).Stratejik Yönetim ve İşletme Politikası. İstanbul: Beta Yayınevi.
  • • Fontenot, R.J. and Michael R.H., (2004). The Antitrust Implications of Relationship Marketing. Journal of Business Research, Vol:57, pp:1211-1221.
  • • Greenley, G.E., (1989). An Understanding of Marketing Strategy. European Journal of Marketing, Vol:23, pp:45-58.
  • • Gundlach, G.G. and Joan, M.P., (2002). Marketing in Antitrust: Contributions and Challenges. Journal of Public Policy and Marketing, Vol: 21(2), pp:250-253.
  • • Gundlach, G.T., (1990). Predatory Practices in Competitive Interaction: Legal Limits and Antitrust Considerations. Journal of Public Policy and Marketing, Vol:9, Iss:1, pp:130-132.
  • • Hughes, G.D., (1978). Keeping Informed. Harvard Business Review, March-April, pp:40-52.
  • • Kotler, P. and Gary, A., (2008). Principles of Marketing. New Jersey: Prentice Hall.
  • • Paswan, A.K., (2011). Relationalism in Marketing Channels Strategy and Marketing Strategy. European Journal of Marketing, Vol:45, Iss:3, pp:311-333.
  • • Shocker, A.D., (2007). A Marketer’s View of Competition and Antitrust. The Antitrust Bulletin, Vol:52, No:1, pp:95-137.
  • • Sullivan, M.W., (2002). The Role of Marketing in Antitrust, Journal of Public Policy and Marketing, Vol:21(2), pp:247-49.
  • • The Act on the Protection of Competition, http://www.rekabet.gov.tr/en-US/Pages/Act-No-4054.