Competition Law in the Electronic Communications Sector

Competition, which means a race in the market during which sellers compete against each other by drawing attention of consumers at the expense of one another for the purpose of augmenting their sales of goods and services as well as enhancing their revenues, is an indispensable and important means of the competitive market economy in the markets functioning on the basis of the market mechanism. As for competition policy, it is an instrument of  public policy that enables the conditions for competition to be practiced and that helps effective and competitive companies to emerge and grow.
The emergence of a competitive environment through the market economy creates expected benefits from this competition. Above all, competititon, by forcing players in the market to be active, enables markets to have an economic efficiency. In terms of the economy, it lowers prices due to the increase of the efficiencies in production and allocation of resources, helps these low prices to enhance the prosperity of consumers, provides a diversity of quality services and paves the way for technological developments by urging people to demand new technologies and innovations.
A regulation can be described in general as public restrictions/interventions made upon powers of discretion that real and legal entities can exert and that are supported with threats of penalty. Among the main aims of a regulation for competition are providing telecommunications services in an effective fashion to strengthen the markets based on competition, enhancing the quality of services, developing services, preventing the possible abuse of dominant position, determining effective prices and protecting consumer rights. Regulations can be divided into two categories as Ex-ante and Ex-post. The Ex-ante regulations are ones that are established by considering the features of every sector and made by regulation authorities before a violation can occur so that no violations in competition can emerge. Even if these markets can be opened for competition through the necessary regulations that are made to the market mechanism by regulatory authorities, it is always possible for companies  to act against the rules of competition. Such occasions necessitate the ex-post regulations to be made to eliminate the competition violations. In sectors where an environment of competition has not been established, it is necessary that the markets be opened for competition by making the ex-ante regulations.
The “establishment of competition” is mentioned among the objectives in the first article entitled “Objectives” of the Electronic Communications Law for markets of the electronic communications as well. One of the principles that the ICTA will take as a reference while making the secondary regulations will be that of the establishment of competition.
There are decisions made by the ICTA so as to open the electronic communications sector for competition and to establish competition in the sector in our country. There might also be disputes with some operators as to the implementation of these decisions. Beydogan Law and Counseling has extensive knowledge and experience regarding the establishment of competititon by the Regulatory Authority in the sector, the decisions made to open the sector for competition and the implementation of these decisons.