Yazar "Kart, Aslihan" seçeneğine göre listele

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    EVALUATION OF DATA PORTABILITY IN TERMS OF COMPETITION LAW
    (Kırıkkale Üniversitesi, 2024) Ketizmen, Muammer; Kart, Aslihan
    Data portability, which may be expressed as a concrete appearance of the right to control personal data, might also be of equal importance in terms of protecting competition within competitive free market relations. Therefore, it shall evaluated that only technical requirements and competencies or rights, authorities and obligations regarding personal data or a competition law review which does not contain personal data regulations shall not be sufficient when mentioning data portability. Herein this feature, these factors shall be considered together and the concretization of personal data in terms of the sustainability of competition conditions shall be examined, especially within the concept of data portability, theoretical and practical world applications at international and national level and Turkish law information shall be included and the relationship between the data portability - inter operability and market competition circumstances, national and international competition regulations and practices shall be correlated. Also the intersection of the issue in terms of the protection of personal data and competition shall be evaluated.
  • [ X ]
    Öğe
    PENAL POLICIES ON THE BASIS OF COMPETITION LAW RULES IN ELECTRONIC COMMERCE AND EUROPEAN UNION DIGITAL MARKETS LAW SAMPLE
    (Kırıkkale Üniversitesi, 2024) Kart, Aslihan
    The fact that electronic commerce has developed, and its sui generis issues has made it inevitable to legislate national and international competition law regulations in this field. The electronic commerce market, which is currently handled in the field of competition law in Turkish law, has been subject to a specific competi-tion law protection within the scope of the Law No. 6563 on the Regulation of Electronic Commerce, with the amendments made in 2022. In order to prevent the acts of the major actors of the electronic commerce market, which acts can be, in particular, in the form of abuse of dominant position, anticompetitive agreements, concert-ed practices and decisions are regulated in law. These actors are tried to be kept under control by means such as license fees due to the undertaking’s share in the market, a set of trade bans, expanded violation definitions in scope and increased fines. Intervention in market conditions is among the methods of intervention in the market by the neoliberal system in order to protect the market and market conditions’ progression. Within the scope of this study, it shall be claimed that the electronic commerce market is intended to be regulated and supervised by interfering with the market conditions, and the sample regulations and practices cited support writer’s claims. In addition, when the issue is evaluated in the perspective of the European Union, we come across the European Union Digital Markets Act. As a matter of fact, it is understood that with this Act, EU has introduced heavy regulations which are based on competition law with the motive of protecting its own internal market in terms of digital markets, which are mainly in the hands of international capital and especially which is dominated by the USA and USA big-tech companies. Hence, within the scope of the study, it shall be evaluated that the regulation of the electronic commerce market through competition law, rules and practices by market conditions interven-tion, market positioning and the ways of evaluation of the rules by Competition Authority, how it is reflected in the Turkish legislation system and in the European side, by considering how the regulation of competition law of digital markets is realized. Finally, the direct relationship between the competition law, penalization policy and market created by electronic commerce, which is both independent and serving all other markets.