Course Detail
Course Description
| Course | Code | Semester | T+P (Hour) | Credit | ECTS |
|---|---|---|---|---|---|
| COMPETITION LAW | HUK4112243 | Fall Semester | 2+0 | 2 | 5 |
| Course Program | Çarşamba 16:30-17:15 Çarşamba 17:30-18:15 |
| Prerequisites Courses | |
| Recommended Elective Courses |
| Language of Course | English |
| Course Level | First Cycle (Bachelor's Degree) |
| Course Type | Required |
| Course Coordinator | Assist.Prof. Doruk UTKU |
| Name of Lecturer(s) | Assist.Prof. Doruk UTKU |
| Assistant(s) | Ar. Gör. Buğra Kaan Çakıroğlu Ar. Gör. Rüveyda Çelik |
| Aim | To comprehend the aims of competition law and to have fundamental knowledge about its concepts and legislation. |
| Course Content | This course contains; The Theory of Perfect Competition and Purposes of Competition Law,Historical background of competition law and general system and outline of the Act on Protection of Competition,The concepts of undertaking and association of undertakings in competition law,The concept of agreement and types of agreements in competition law,The concept of concerted practice, presumption of concerted practice and examples of concerted practice,The doctrine of de minimis, conditions for exemption and types of exemptions ,Market types, defining relevant market, and the concept of dominant position,General Characteristics and Types of Anti-Competitive Agreements, Practices and Decisions,Price fixing and restriction of supply agreements in competition law,Market sharing agreements,Collective Boycott, Discriminatory Dealing and Tie-in Agreements in Competition Law,Pricing practices that constitute abuse of dominant position,Discrimination, refusal to supply and the doctrine of essential facilities,Private Law Consequences of Anti-Competitive Practices . |
| Dersin Öğrenme Kazanımları | Teaching Methods | Assessment Methods |
| 1. Discusses the key objectives of competiton law. | 10, 16, 9 | A |
| 1.1. Discusses the theory of perfect competition. | 10, 16, 9 | A |
| 1.2. Identifies the concepts of allocative efficieny and productive efficiency. | 10, 16, 9 | A |
| 2. Remembers the basic concepts of competition law. | 10, 16, 9 | A |
| 2.1. Uses the legal terminology of competition law. | 10, 16, 9 | A |
| 2.2. Interprets the legislation regarding competition law. | 10, 19, 9 | A |
| 3. Categorizes agreements and other forms of cooperation between undertakings in the context of competition law. | 10, 16, 9 | A |
| 3.1. Distinguishes between horizontal ve vertical agreements. | 10, 16, 9 | A |
| 3.2. Identifies concerted practices. | 10, 16, 9 | A |
| 4. Identifies agreements, concerted practices and decisions of associations of undertakings that are restrictive to competition. | 10, 16, 9 | A |
| 4.1. Distiguishes the agreements which require individual or block exemption for legal validity. | 10, 16, 9 | A |
| 4.2. Identifies anti-competitive contractual terms. | 10, 16, 9 | A |
| 5. Identifies the acts of abuse of dominant position. | 10, 13, 16, 9 | A |
| 5.1. Identifies dominant market positions. | 10, 16, 9 | A |
| 5.2. Defines the acts of abuse of dominant position. | 10, 13, 16, 9 |
| Teaching Methods: | 10: Discussion Method, 13: Case Study Method, 16: Question - Answer Technique, 19: Brainstorming Technique, 9: Lecture Method |
| Assessment Methods: | A: Traditional Written Exam |
Course Outline
| Order | Subjects | Preliminary Work |
|---|---|---|
| 1 | The Theory of Perfect Competition and Purposes of Competition Law | Aslan, İ. Yılmaz, Rekabet Hukuku Dersleri, 9th Edition, Bursa 2023, pp. 1-7. |
| 2 | Historical background of competition law and general system and outline of the Act on Protection of Competition | Aslan, İ. Yılmaz, Rekabet Hukuku Dersleri, 9th Edition, Bursa 2023, pp. 8-21. |
| 3 | The concepts of undertaking and association of undertakings in competition law | Aslan, İ. Yılmaz, Rekabet Hukuku Dersleri, 9th Edition, Bursa 2023, pp. 22-36. |
| 4 | The concept of agreement and types of agreements in competition law | Aslan, İ. Yılmaz, Rekabet Hukuku Dersleri, 9th Edition, Bursa 2023, pp. 50-52. |
| 5 | The concept of concerted practice, presumption of concerted practice and examples of concerted practice | Aslan, İ. Yılmaz, Rekabet Hukuku Dersleri, 9th Edition, Bursa 2023, pp. 53-61. |
| 6 | The doctrine of de minimis, conditions for exemption and types of exemptions | Aslan, İ. Yılmaz, Rekabet Hukuku Dersleri, 9th Edition, Bursa 2023, p. 47, pp. 116-157. |
| 7 | Market types, defining relevant market, and the concept of dominant position | Aslan, İ. Yılmaz, Rekabet Hukuku Dersleri, 9th Edition, Bursa 2023, pp. 37-38, pp. 163-173.. |
| 8 | General Characteristics and Types of Anti-Competitive Agreements, Practices and Decisions | Aslan, İ. Yılmaz, Rekabet Hukuku Dersleri, 9th Edition, Bursa 2023, pp. 69-74. |
| 9 | Price fixing and restriction of supply agreements in competition law | Aslan, İ. Yılmaz, Rekabet Hukuku Dersleri, 9th Edition, Bursa 2023, pp. 75-78. |
| 10 | Market sharing agreements | Aslan, İ. Yılmaz, Rekabet Hukuku Dersleri, 9th Edition, Bursa 2023, pp. 80-81. |
| 11 | Collective Boycott, Discriminatory Dealing and Tie-in Agreements in Competition Law | Aslan, İ. Yılmaz, Rekabet Hukuku Dersleri, 9th Edition, Bursa 2023, pp. 82-85. |
| 12 | Pricing practices that constitute abuse of dominant position | Aslan, İ. Yılmaz, Rekabet Hukuku Dersleri, 9th Edition, Bursa 2023, pp. 200-206. |
| 13 | Discrimination, refusal to supply and the doctrine of essential facilities | Aslan, İ. Yılmaz, Rekabet Hukuku Dersleri, 9th Edition, Bursa 2023, pp. 179-195. |
| 14 | Private Law Consequences of Anti-Competitive Practices | Aslan, İ. Yılmaz, Rekabet Hukuku Dersleri, 9th Edition, Bursa 2023, pp. 292-304. |
| Resources |
| Aslan, İ. Yılmaz, Rekabet Hukuku Dersleri, 9th Edition, Bursa 2023. |
| Gürkaynak, Gönenç, Rekabet Hukuku, Ankara 2022. |
Course Contribution to Program Qualifications
| Course Contribution to Program Qualifications | |||||||
| No | Program Qualification | Contribution Level | |||||
| 1 | 2 | 3 | 4 | 5 | |||
| 1 | 1. Know legal concepts and institutions; list the relations between these concepts and institutions. | X | |||||
| 2 | 2. In addition to theoretical knowledge comprehend using, comparing, interpreting and the substance and procedures of implementation of legal rules. | X | |||||
| 3 | 3. Know historical development process of law and legal systems as a branch of science. | X | |||||
| 4 | 4. Have information on contemporary legal regulations, court judgments and jurisprudential views. | X | |||||
| 5 | 5. Evaluate, interpret; and make researches on legal regulations, court judgments and jurisprudential views by a methodological approach. | X | |||||
| 6 | 6. Settle legal disputes departing from legal rules, court judgments and jurisprudential views. | X | |||||
| 7 | 7. Have the ability to find solutions to legal disputes; take initiative; behave independently and creatively. | X | |||||
| 8 | 8. Resort to assistance of different fields of expertise in dealing with the unpredictable problems encountered in legal practice and take responsibility in team works. | X | |||||
| 9 | 9. Undertake planning and management of activities for professional progress of employees working under their authority and responsibility. | ||||||
| 10 | 10. Follow and evaluate the developments in theory and practice of law. | X | |||||
| 11 | 11. Deal with the social and legal problems with a critical perspective and produce solutions for these problems. | X | |||||
| 12 | 12. Have the awareness of the need for life-long learning (continuous education). | ||||||
| 13 | 13. Inform individuals and institutions on legal subjects; present oral and written proposals with reasoning. | X | |||||
| 14 | 14. Use information and communication technologies in the field of legal profession effectively. | ||||||
| 15 | 15. Know a foreign language at the level of following international developments and communicating with other lawyers worldwide. | X | |||||
| 16 | 16. Plan professional projects and activities and implement them with sense of social responsibility. | ||||||
| 17 | 17. Have the basic knowledge of the structure of international society and forms of relations; and evaluates international problems. | ||||||
| 18 | 18. As a lawyer who recognizes universal principles of law, protects and defends rule of law quality of Turkish Republic. | X | |||||
| 19 | 19. Have a sense of professional and ethical responsibility. | ||||||
| 20 | 20. Have the capacity of evaluation and competency of finding solutions for legal disputes from the point of positive and ideal law. | X | |||||
Assessment Methods
| Contribution Level | Relative Evaluation | |
| Rate of Midterm Exam to Success | 40 | |
| Rate of Final Exam to Success | 60 | |
| Total | 100 | |
| ECTS / Workload Table | ||||||
| Activities | Number of | Duration(Hour) | Total Workload(Hour) | |||
| Course Hours | 14 | 2 | 28 | |||
| Guided Problem Solving | 0 | 0 | 0 | |||
| Resolution of Homework Problems and Submission as a Report | 0 | 0 | 0 | |||
| Term Project | 0 | 0 | 0 | |||
| Presentation of Project / Seminar | 0 | 0 | 0 | |||
| Quiz | 0 | 0 | 0 | |||
| Midterm Exam | 1 | 40 | 40 | |||
| General Exam | 1 | 70 | 70 | |||
| Performance Task, Maintenance Plan | 0 | 0 | 0 | |||
| Total Workload(Hour) | 138 | |||||
| Dersin AKTS Kredisi = Toplam İş Yükü (Saat)/30*=(138/30) | 5 | |||||
| ECTS of the course: 30 hours of work is counted as 1 ECTS credit. | ||||||
Detail Informations of the Course
Course Description
| Course | Code | Semester | T+P (Hour) | Credit | ECTS |
|---|---|---|---|---|---|
| COMPETITION LAW | HUK4112243 | Fall Semester | 2+0 | 2 | 5 |
| Course Program | Çarşamba 16:30-17:15 Çarşamba 17:30-18:15 |
| Prerequisites Courses | |
| Recommended Elective Courses |
| Language of Course | English |
| Course Level | First Cycle (Bachelor's Degree) |
| Course Type | Required |
| Course Coordinator | Assist.Prof. Doruk UTKU |
| Name of Lecturer(s) | Assist.Prof. Doruk UTKU |
| Assistant(s) | Ar. Gör. Buğra Kaan Çakıroğlu Ar. Gör. Rüveyda Çelik |
| Aim | To comprehend the aims of competition law and to have fundamental knowledge about its concepts and legislation. |
| Course Content | This course contains; The Theory of Perfect Competition and Purposes of Competition Law,Historical background of competition law and general system and outline of the Act on Protection of Competition,The concepts of undertaking and association of undertakings in competition law,The concept of agreement and types of agreements in competition law,The concept of concerted practice, presumption of concerted practice and examples of concerted practice,The doctrine of de minimis, conditions for exemption and types of exemptions ,Market types, defining relevant market, and the concept of dominant position,General Characteristics and Types of Anti-Competitive Agreements, Practices and Decisions,Price fixing and restriction of supply agreements in competition law,Market sharing agreements,Collective Boycott, Discriminatory Dealing and Tie-in Agreements in Competition Law,Pricing practices that constitute abuse of dominant position,Discrimination, refusal to supply and the doctrine of essential facilities,Private Law Consequences of Anti-Competitive Practices . |
| Dersin Öğrenme Kazanımları | Teaching Methods | Assessment Methods |
| 1. Discusses the key objectives of competiton law. | 10, 16, 9 | A |
| 1.1. Discusses the theory of perfect competition. | 10, 16, 9 | A |
| 1.2. Identifies the concepts of allocative efficieny and productive efficiency. | 10, 16, 9 | A |
| 2. Remembers the basic concepts of competition law. | 10, 16, 9 | A |
| 2.1. Uses the legal terminology of competition law. | 10, 16, 9 | A |
| 2.2. Interprets the legislation regarding competition law. | 10, 19, 9 | A |
| 3. Categorizes agreements and other forms of cooperation between undertakings in the context of competition law. | 10, 16, 9 | A |
| 3.1. Distinguishes between horizontal ve vertical agreements. | 10, 16, 9 | A |
| 3.2. Identifies concerted practices. | 10, 16, 9 | A |
| 4. Identifies agreements, concerted practices and decisions of associations of undertakings that are restrictive to competition. | 10, 16, 9 | A |
| 4.1. Distiguishes the agreements which require individual or block exemption for legal validity. | 10, 16, 9 | A |
| 4.2. Identifies anti-competitive contractual terms. | 10, 16, 9 | A |
| 5. Identifies the acts of abuse of dominant position. | 10, 13, 16, 9 | A |
| 5.1. Identifies dominant market positions. | 10, 16, 9 | A |
| 5.2. Defines the acts of abuse of dominant position. | 10, 13, 16, 9 |
| Teaching Methods: | 10: Discussion Method, 13: Case Study Method, 16: Question - Answer Technique, 19: Brainstorming Technique, 9: Lecture Method |
| Assessment Methods: | A: Traditional Written Exam |
Course Outline
| Order | Subjects | Preliminary Work |
|---|---|---|
| 1 | The Theory of Perfect Competition and Purposes of Competition Law | Aslan, İ. Yılmaz, Rekabet Hukuku Dersleri, 9th Edition, Bursa 2023, pp. 1-7. |
| 2 | Historical background of competition law and general system and outline of the Act on Protection of Competition | Aslan, İ. Yılmaz, Rekabet Hukuku Dersleri, 9th Edition, Bursa 2023, pp. 8-21. |
| 3 | The concepts of undertaking and association of undertakings in competition law | Aslan, İ. Yılmaz, Rekabet Hukuku Dersleri, 9th Edition, Bursa 2023, pp. 22-36. |
| 4 | The concept of agreement and types of agreements in competition law | Aslan, İ. Yılmaz, Rekabet Hukuku Dersleri, 9th Edition, Bursa 2023, pp. 50-52. |
| 5 | The concept of concerted practice, presumption of concerted practice and examples of concerted practice | Aslan, İ. Yılmaz, Rekabet Hukuku Dersleri, 9th Edition, Bursa 2023, pp. 53-61. |
| 6 | The doctrine of de minimis, conditions for exemption and types of exemptions | Aslan, İ. Yılmaz, Rekabet Hukuku Dersleri, 9th Edition, Bursa 2023, p. 47, pp. 116-157. |
| 7 | Market types, defining relevant market, and the concept of dominant position | Aslan, İ. Yılmaz, Rekabet Hukuku Dersleri, 9th Edition, Bursa 2023, pp. 37-38, pp. 163-173.. |
| 8 | General Characteristics and Types of Anti-Competitive Agreements, Practices and Decisions | Aslan, İ. Yılmaz, Rekabet Hukuku Dersleri, 9th Edition, Bursa 2023, pp. 69-74. |
| 9 | Price fixing and restriction of supply agreements in competition law | Aslan, İ. Yılmaz, Rekabet Hukuku Dersleri, 9th Edition, Bursa 2023, pp. 75-78. |
| 10 | Market sharing agreements | Aslan, İ. Yılmaz, Rekabet Hukuku Dersleri, 9th Edition, Bursa 2023, pp. 80-81. |
| 11 | Collective Boycott, Discriminatory Dealing and Tie-in Agreements in Competition Law | Aslan, İ. Yılmaz, Rekabet Hukuku Dersleri, 9th Edition, Bursa 2023, pp. 82-85. |
| 12 | Pricing practices that constitute abuse of dominant position | Aslan, İ. Yılmaz, Rekabet Hukuku Dersleri, 9th Edition, Bursa 2023, pp. 200-206. |
| 13 | Discrimination, refusal to supply and the doctrine of essential facilities | Aslan, İ. Yılmaz, Rekabet Hukuku Dersleri, 9th Edition, Bursa 2023, pp. 179-195. |
| 14 | Private Law Consequences of Anti-Competitive Practices | Aslan, İ. Yılmaz, Rekabet Hukuku Dersleri, 9th Edition, Bursa 2023, pp. 292-304. |
| Resources |
| Aslan, İ. Yılmaz, Rekabet Hukuku Dersleri, 9th Edition, Bursa 2023. |
| Gürkaynak, Gönenç, Rekabet Hukuku, Ankara 2022. |
Course Contribution to Program Qualifications
| Course Contribution to Program Qualifications | |||||||
| No | Program Qualification | Contribution Level | |||||
| 1 | 2 | 3 | 4 | 5 | |||
| 1 | 1. Know legal concepts and institutions; list the relations between these concepts and institutions. | X | |||||
| 2 | 2. In addition to theoretical knowledge comprehend using, comparing, interpreting and the substance and procedures of implementation of legal rules. | X | |||||
| 3 | 3. Know historical development process of law and legal systems as a branch of science. | X | |||||
| 4 | 4. Have information on contemporary legal regulations, court judgments and jurisprudential views. | X | |||||
| 5 | 5. Evaluate, interpret; and make researches on legal regulations, court judgments and jurisprudential views by a methodological approach. | X | |||||
| 6 | 6. Settle legal disputes departing from legal rules, court judgments and jurisprudential views. | X | |||||
| 7 | 7. Have the ability to find solutions to legal disputes; take initiative; behave independently and creatively. | X | |||||
| 8 | 8. Resort to assistance of different fields of expertise in dealing with the unpredictable problems encountered in legal practice and take responsibility in team works. | X | |||||
| 9 | 9. Undertake planning and management of activities for professional progress of employees working under their authority and responsibility. | ||||||
| 10 | 10. Follow and evaluate the developments in theory and practice of law. | X | |||||
| 11 | 11. Deal with the social and legal problems with a critical perspective and produce solutions for these problems. | X | |||||
| 12 | 12. Have the awareness of the need for life-long learning (continuous education). | ||||||
| 13 | 13. Inform individuals and institutions on legal subjects; present oral and written proposals with reasoning. | X | |||||
| 14 | 14. Use information and communication technologies in the field of legal profession effectively. | ||||||
| 15 | 15. Know a foreign language at the level of following international developments and communicating with other lawyers worldwide. | X | |||||
| 16 | 16. Plan professional projects and activities and implement them with sense of social responsibility. | ||||||
| 17 | 17. Have the basic knowledge of the structure of international society and forms of relations; and evaluates international problems. | ||||||
| 18 | 18. As a lawyer who recognizes universal principles of law, protects and defends rule of law quality of Turkish Republic. | X | |||||
| 19 | 19. Have a sense of professional and ethical responsibility. | ||||||
| 20 | 20. Have the capacity of evaluation and competency of finding solutions for legal disputes from the point of positive and ideal law. | X | |||||
Assessment Methods
| Contribution Level | Relative Evaluation | |
| Rate of Midterm Exam to Success | 40 | |
| Rate of Final Exam to Success | 60 | |
| Total | 100 | |