internet access services. After its inspection, the Competition Board decided that the group had abused its dominant position in the wholesale market for broadband internet access services through price compression in the retail market for broadband internet access services and imposed monetary fines.
The decisions of the Competition Board generally follow the precedents of the European Commission and case law of the European courts. The Competition Board also tends to adopt narrow market definitions. This approach generally results in the high market shares for undertakings concerned and so makes finding a dominant position in these product markets easy. Under European Competition Law, undertakings with a 50% market share are legally presumed to be in a dominant position. However, a company with a 33% market share may still be found dominant.
In addition, abusive practices are not exhaustive under Turkish competition law practice. There might be circumstances where the abusive practices of the undertakings are not clearly explained under the Law. What constitutes an abusive practice and what does not is determined on a case-by-case basis.
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