Özet:

Banks and other financial institutions, which are the most important actors in the financial sector, have a very important role in today’s modern society and economic life. Changes in the past century and technological developments have led to this increased importance of the banking sector. Today it can be almost impossible to find any person or company that no longer has a business with the bank, does not use a credit card or credit or does not fall the way to the bank. Banks operating in the financial markets are quite different from any business. When performing their activities, the banks must take a position in a completely objective and neutral manner, without taking the interests of themselves or of any party in the forefront. They must take into account the requirements of the regulatory authorities and the legislation in every decision they make and in all the transactions they do. The competition in the sector is an important issue in terms of banks that are constantly expanding the range of products and services in parallel with the recent developments in the sector. The increase in foreign entries to the sector and the start of the banks to operate beyond the nation, also prepared the ground for the formation of intense competition in the sector. However, it is necessary to create a healthy competitive environment in the market in order for the credit system and the banking sector to operate effectively. Although various measures have been taken toward this goal, it is also seen that a number of actions that break the competition in the sector are carried out. In recent periods, the most important of the bank’s competitiveness disturbing behavior is the cardal investigation launched by the Competition Board with the claim that 12 banks are acting in a coherent action and/or agreement. 12 banks operating in Turkey and representing the majority of the banking sector have been investigated to violate Article 4 of the Law on the Protection of Competition No. 4054 by having entered into agreements and/or compliant actions on deposit, credit and credit card services. The Competition Council, with its decision dated 08.03.2013, determined that the banks concerned were under an agreement that violated Article 4 of the Law between 21.08.2007 and 24.10.2011, and decided to apply an administrative penalty. This study aims to address the concept of competition and the behavior that disrupts the competition in the banking sector and to evaluate the competition investigation conducted by the Competition Council on 12 banks in the banking sector.

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