Elektronik Ticarette Hakim Durumun Kötüye Kullanılması
Taşdemir, Nergiz Büşra
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Electronic commerce, which is defined as the accruing of commercial activities for purchase and sale over online networks, is increasing its share in the general commerce volume from day to day. By eliminating perception of time and space, the Internet has contributed to emerge of electronic marketplaces that can bring consumers and retailers together in electronic environment at all times. The distinctive structure of electronic market places has emerged to the necessity of seeking answer to questions of whether these markets should be defined as an alternative sales channel to traditional market or as a seperate market, how to draw the geographical boundaries of the market, and how to determine the dominant situation in these marketplaces. New competitive concerns have arisen with regard to big technology companies that are increasing their market share and transaction volume from day to day within the scope of competition law, which gives particular importance to economic welfare by prohobiting cartelization since the era which beginning of developing trade newly. Competition Authorities on both sides of the Atlantic have scrutinized behaviours these companies which have big market shares. In this context, conducts of undertakings that have dominant position in the electronic marketplaces in which they operate such as Google, Microsoft, Amazon, Facebook, Apple, Booking, Yemeksepeti, Sahibinden.com have been examined in terms of whether it lead to abuse of dominant position. In our study, which focuses on conducts of abuse of dominant position in electronic commerce, the concept of electronic commerce in the first part, the concept of abuse of dominant position in general terms in the second part and ultimately the abuse of dominant position in electronic commerce are discussed in the third part. Solutions to current disputes emerging in this context on the basis of decisions of national competition authorities, EU Commissions, Court of Justice of the European Union and current approaches in the USA were evaluated together. As a result, the transfer of commerce to the electronic envirenment led to decrease in search and time costs and manufacturer and consumer have had oppurtunity to meet directly. This situation has led to increase in efficency and productivity in terms of economic field. The benefit provided by positive contrubitions of electronic commerce has emerged the necessities of showing sensitive approach that is compatible with its own dynamics, responds quickly the necessities and will not decelarate pace of innovation in the sector, in disputes before competition authorities and judicial bodies.