Back

Competition Law · 2025 · 1 min read

By Kutay Yıldız & Mirace Çoban· Başaran Law Firm

Algorithmic Competition Violations in Digital Markets

Introduction

As digital platforms increasingly rely on algorithms to optimize operations and pricing, competition authorities worldwide have turned their attention to potential anticompetitive effects of algorithmic systems.

Types of Algorithmic Violations

Algorithmic Collusion

Algorithms can facilitate price coordination without explicit human agreement, raising novel questions about liability and intent in competition law.

Self-Preferencing

Platform operators using algorithms to favor their own products or services over competitors on the same platform.

Discriminatory Pricing

Algorithms that engage in price discrimination based on user data, potentially harming consumer welfare.

Turkish Cases

Trendyol Investigation

The Turkish Competition Authority examined Trendyol's algorithmic practices, focusing on potential self-preferencing in search rankings and featured listings.

Hepsiburada Proceedings

Similar scrutiny was applied to Hepsiburada's platform algorithms, with attention to the treatment of third-party sellers versus the platform's own retail operations.

European Precedents

Eturas Decision

The CJEU's Eturas judgment established that automated system communications can constitute evidence of concerted practice, even without direct contact between competitors.

CMA Investigations

The UK Competition and Markets Authority has been particularly active in examining algorithmic pricing in sectors including hotel booking and insurance.

Enforcement Challenges

  • Proving intent when algorithms operate autonomously
  • Understanding complex algorithmic systems
  • Designing effective remedies for algorithmic harms

*This publication is prepared solely for informational purposes and does not constitute legal advice.