Competition, which constitutes the lifeblood of the free market economy, brings together supply and demand without any intervention in the market conditions and ensures that the scarce resources of the society are distributed and used in the most efficient way and that the goods and services are offered to the consumers at the lowest price and high quality. Therefore, it is only possible for the market economy system to function effectively and realize the benefits expected from it only if the competitive environment is created in the markets. (one)
Competition laws, on the other hand, are the means of intervention of the state to the economy in order to ensure and maintain free competition. In competition laws, undertakings are prohibited from restricting competition through agreements, concentrations, or abuse of market power in a particular market of goods or services. In this way, while the activities of enterprises which may harm the competition order are controlled and neutralized, equal opportunities and freedom of initiative are provided for enterprises, while economic efficiency increases social welfare and consequently consumer welfare. However, it should not be forgotten that the first and the direct effects of competition law’s protective objectives and measures are market actors. For this reason, rather than consumers, the law refers to businesses. On the other hand, competition is the largest consumer benefiting from laws. Because the most important result of competition is the decline in prices, product diversity, increasing quality and after-sales services are always in the best interest of consumers. Even if the consumer is not explicitly mentioned, one of the hidden goals of competition laws, and perhaps most important, is the protection of the consumer. (2-3) Therefore, although competition laws do not essentially pay for the benefit of consumers directly, they result in the benefit of the consumer as a result of the improvements they bring to economic life.
II- Relationship between Consumer Protection and Competition in the Constitution
According to Article 167 of the Constitution, “The State shall take measures to ensure and improve the healthy and orderly functioning of the money, capital, goods and services markets; it prevents monopolization and cartelization in the markets due to actual or agreement. ”Göre According to Article 172,“ The State shall take measures to protect and enlighten consumers and encourage consumers to protect themselves. ”In essence, it can be said that these provisions are compatible with each other. As a matter of fact, in the justification of Article 172, the idea of consumer protection lies at the basis of competition law. In this justification, korun korun consumer protection is a social problem and the measures to be taken in this regard should protect consumers on the one hand, but at the same time drive manufacturers and sellers to competition between them. Consumer protection is a measure of a free market economy. This basic principle should not be ignored in the prevention of consumer protection rules. Fiyat It can be secured by protecting the consumer in terms of price and quality, providing free competition conditions, preventing monopolies and cartels… ”. As can be seen, our Constitution provides that consumer protection can only be possible with the existence of a free market economy.
As a matter of fact, in a decision taken by the Constitutional Court, (4) it is emphasized that Article 172 of the Constitution has a very close relationship with Article 167 regarding the evaluation of the said articles. It is stated that the duty of protecting consumers to the State can only be ensured by preventing monopolization and cartelization by providing free competition conditions.
III- Regulations of Law No. 4054 on Consumer Benefit
In accordance with Article 167 above, the Constitutional and European Union Relations and Economic Obligations (5) of the Act No. 4054 on the Protection of Competition, which acts and procedures are unlawful and prohibited, and in some articles directly or indirectly as consumer benefit.
Pursuant to Article 4 of the said Law, agreements between undertakings, concerted practices and unions of undertakings which are intended to prevent, disrupt or restrict competition in a particular market of goods or services, or which may or may have such effect, shall be actions are unlawful and prohibited. (6) It is possible to divide the competition limiting procedures under this article into two categories as horizontal and vertical restrictions. (7) It is generally accepted that the negative effects on competition are greater than that of vertical restrictive agreements;