Avrupa Topluluğu rekabet politikası bakımından Roma Anlaşması Md.85`e kavramsal bir yaklaşım

Abstract

119 CONCLUSION If we try to define a nascent body of the law of European Community, it is neither a national nor an international system of law in the accepted sense of these terms but a sui-generis system emanating from the will to create a European Community. In western type of economy, competition is regarded not only as an essential element of capitalist efficiency, but also as a safeguard against the economic power. It is good for the economycs a whole and for the consumer, who is given a freedom of choice as well as the producer who has ta please the consumer. The principal sources of Community law include the treaty provisions (Treaty of Rome) which create general framework and Regulation 17 which sets out the machinery for determination of infringements and the enforcemont of the rules. At the base of the system lies the general proposition that in order to accomplish its mission, i.e. the Common Market and the Economic Union, the Community will inter alia institute a system ensuring that competition in the Common Market is not distorted. The principal rules of competition are articles 85, 86 and 92 of the EEC Treaty. It deals accordingly with restrictive practices prohibited by article 85, abuses of dominant position article 86, and the state aids Likely yto distort competition by favouringcertain undertakings or products; article 92. In Turkey we have some provisions in Commercial Law (art 56-65) and in Law of obligations (art. 48) but these articles are dealing with `Un fair Competition`, not with the ` Restrictions on Competion. Only in the Turkish Constitution of 1982 in article 167/1 has a provision about Restrains of Competition. So as a matter of fact that Turkey wants to be in the Community, we have to construct the legal framework of competition law with an Act dealing with `Protection of Competition` as soon as possible.