Gönenç Gürkaynak

BSH Ev Aletleri Sanayi ve Ticaret A.Ş. (“BSH”), operating in Turkey under the Bosch and Siemens brands, as well as the local brand Profilo and the private brand Gaggenau, is active in the production, import, export, domestic distribution, and marketing of small and large household appliances, (...)

The Turkish Competition Authority has continued its investigations into alleged anti-competitive practices in digital markets. This time, the Competition Board (the Authority’s decision-making body) has launched a fully fledged investigation against Sahibinden Bilgi Teknolojileri Paz ve Tic AŞ, (...)

I. Introduction The Turkish Competition Authority (“ Authority ”) has published its Nadirkitap decision in which it evaluated the allegation as to whether Nadirkitap Bilişim ve Reklamcılık AŞ (“ Nadirkitap ”), a company providing mediation services in the online sale of the second-hand books through (...)

The approaches adopted by the Turkish Competition Board in its recent precedent are heavily influenced by the global trends such as the close scrutiny over digital players as well as increasing attention towards competition law issues concerning labour markets. The substantive analysis regarding the anticompetitive agreements, unilateral conduct, and mergers has been shaped by and adjusted to the recent comprehensive amendments to Law No. 4054 on the Protection of Competition (“Law No. 4054”) as well as the secondary legislation. Amendments to Law No. 4054, which entered into force on June 24, 2020, introduced several mechanisms for the Authority to focus on and to streamline certain of its processes, such as the use of the de minimis principle in its cases, a new substantive test for merger control, behavioural and structural remedies for anti-competitive conduct, and procedural tools including commitments and settlement mechanism. The articles within this Special Issue aim to reveal and explain the evolving efforts of the Board in establishing its own case law in light of the amendments to the main and secondary legislation by way of also following global trends, as well as taking advantage of the well-established practices under the EU competition law regime in recent years, on various fronts.

Do you think the information requested from the Competition Authority is not available in your company records? Check It Twice! The Competition Board Fines Martı İleri Teknoloji AŞ for Providing False/Misleading Information* The Turkish Competition Board (“ Board ") imposed an administrative fine (...)

Introduction In June 2022, the Turkish Competition Board delivered its final judgment and announced that the investigation against Olka Spor Malzemeleri Ticaret AŞ (Olka) and Marlin Spor Malzemeleri Ticaret AŞ (Marlin), two undertakings active in the sports equipment sector, had ended with a (...)

Introduction On 2 June 2022, the Turkish Competition Board unconditionally approved the indirect acquisition of sole control over Airties Kablosuz İletişim San ve Dış Tic AŞ (Airties) by Providence Managing Member LLC’s (Providence’s) wholly-owned indirect subsidiary, P8 Holding 2 Sàrl (P8 Holding) (...)

The Ankara 9 th Administrative Court (“Administrative Court”) annulled the decision of the Turkish Competition Board (“Board”) where an administrative fine of TL 11,214,051.26 was imposed on Hicri Ercili Deniz Nakliyat Kimyevi Maddeler San. ve Tic. Ltd. Şti.) (“Hicri Ercili”), a supplier of the (...)

The Turkish Competition Board (“Board”) imposed administrative monetary fines against Transorient Uluslararası Taşımacılık ve Ticaret A.Ş. (“Transorient”) and Tunaset Biofarma Lojistik Hizmetleri A.Ş. (“Tunaset”) for engaging in anticompetitive customer allocation agreements, while Biopharma Logistics (...)

This case summary aims to offer insight on the Turkish Competition Board’s (“Board”) Yemek Sepeti Decision (“Decision”), whereby the Board examined the allegation that Yemek Sepeti Elektronik İletişim Perakende Gıda Lojistik A.Ş. (“Yemek Sepeti”) had abused its dominant position, violating Article 6 of (...)

(1) Introduction On March 4, 2022 the Turkish Competition Authority (“Authority”) published the Communiqué No. 2022/2 on the Amendment of Communiqué No. 2010/4 on the Mergers and Acquisitions Subject to the Approval of the Competition Board (the “Amendment Communiqué”). The Amendment Communiqué (...)

This case summary includes an analysis of the Ankara 2nd Administrative Court’s (“the Court of First Instance”) Sahibinden SoE decision (E. 2022/254, 15.04.2022) in which the Court of First Instance stays of execution of the Board’s decision where the Board imposed an administrative monetary fine (...)

Communiqué No. 2022/2 on the Amendment of Communiqué No. 2010/4 (“ Communiqué No. 2010/4 ”) on the Mergers and Acquisitions Subject to the Approval of the Competition Board (“ Amendment Communiqué ”) has been published on the Official Gazette on March 4, 2022 and will enter into force on May 4, 2022. (...)

The Turkish Competition Board (“Board”) conditionally approved the acquisition of sole control over Ferro Corporation (“Ferro”) by American Securities LLC (“American Securities”) through its solely controlled affiliate ASP Prince Holdings Inc. (“Prince”). The Board determined that the transaction (...)

(1) Introduction On January 19, 2022, Turkish Competition Authority (“Authority”) has published a highly anticipated decision of the Competition Board (“Board”) regarding the investigation against retail grocery chains and suppliers of such chains, active in the fields of retail food and cleaning (...)

The Turkish Competition Authority Evaluates a Request from Modanisa for an Individual Exemption or Negative Clearance for the Settlement Agreement Regarding Restricting on Branded Keyword Bidding* This case summary includes an analysis of the Turkish Competition Board’s (“Board”) (...)

The Turkish Competition Board (“Board”) decided that Şişecam, through its subsidiary Çevre Sistemleri, has abused its dominant position in the market for glass manufacturing, by way of excluding its competitors in the upstream market for recycled glass, utilized its buyer power to narrow the margin (...)

This case summary includes an analysis of the Turkish Competition Board’s (“Board”) Trendyol Interim Measure decision in which the Board, upon the findings of its preliminary investigation, determined that DSM Grup Danışmanlık İletişim ve Satış Ticaret A.Ş.’s (“Trendyol”) use of algorithms and handling (...)

Background On September 29, 2020, a complaint was brought to the Turkish Competition Authority’s (“Authority”) attention, where it was alleged that Arnica Pazarlama A.Ş.’s (“Arnica”) sales representative had called the complainant (who was one of Arnica`s authorized sellers, engaged in the sale of (...)

The changes to the Law No. 4054 on Protection of Competition (“Law No. 4045”) introducing the new commitment and settlement mechanisms, entered into force on 24 June 2020 with the Amendment Law, aiming to achieve efficiency gains and allow the competition investigations to close at an earlier (...)

The Turkish Competition Board (the “Board”) launched a full-fledged investigation against Türk Philips A.Ş (“Philips Turkey”) into allegations of abuse of dominance through denying or delaying access to codes and activation tools required for the maintenance and repair of medical imaging devices (...)

This case summary includes an analysis of the Turkish Competition Board’s (“Board”) Philips decision (26.08.2021, 21-40/589-286) in which the Board determined that Türk Philips Ticaret A.Ş. (“Philips Turkey”) did not abuse its dominant position through denying or delaying access to codes and (...)

Introduction Article 4 of Law No. 4054 on the Protection of Competition prohibits the fixing of: the purchase or sale price of goods or services; elements such as cost and profit that form price; and any other terms of purchase or sale. On 24 August 2021, the Competition Authority announced (...)

After an investigation process of 8 months, the Turkish Competition Board (“Board”) announced on August 9, 2021 on its website that it has concluded the investigation with a settlement decision which constitutes the first example of the newly introduced settlement procedure by the Turkish (...)

Introduction On July 15, 2021, the Turkish Competition Authority (“Authority”) issued the Regulation on Settlement Procedure for Investigations on Anticompetitive Agreements, Concerted Practices, Decisions and Abuse of Dominant Position (“Settlement Regulation”), which was also published in the (...)

This case summary includes an analysis of the 13th Chamber of the Council of State’s reversal (E. 2021/969, K. 2021/2654, 06.07.2021) of Ankara Regional Administrative Court’s judgment (E. 2020/394, K. 2020/2451, 23.12.2020). Ankara Regional Administrative Court upheld the Turkish Competition (...)

The Turkish Competition Authority (the "Authority") published its Obilet/Biletal decision where it conditionally approved the acquisition of Biletal İç ve Dış Ticaret A.Ş.’s (“Biletal”) sole control by Obilet Bilişim Sistemleri A.Ş. (“Obilet”) and decided that the proposed transaction would not result in (...)

This case summary includes an analysis of the Turkish Competition Board’s (“Board”) Turkish Airlines and Kuveyt Turk exemption decision in which the Board determined that the "THY Frequent Flyer Program Miles&Smiles Credit Card Cooperation Agreement" (“Agreement”) cannot be issued a negative (...)

On April 20, 2021, the Turkish Competition Authority (“Authority”) announced on its website that the Turkish Competition Board (“Board”) had launched a full-fledged investigation against thirty-two undertakings for gentlemen’s agreements in labor markets across Turkey, in order to determine whether (...)

This case summary aims to shed light on the Turkish Competition Board’s (“Board”) DYO Decision, whereby the Board imposed an administrative fine of TL 21,036,866.58 to DYO Boya Fabrikaları Sanayi ve Ticaret A.Ş. (“DYO”), a major paint supplier in Turkey, on the ground that DYO has violated Article 4 (...)

On 15 April 2021, the Competition Board (the Board) unconditionally approved Regal Beloit Corporation’s acquisition of sole control over Rexnord Corporation’s process and motion control (PMC) business segment. Facts The transaction concerns an acquisition carried through reverse Morris trust (...)

I Introduction On July 29, 2019 a complaint was brought to the Turkish Competition Authority’s (“Authority”) attention, which alleged that certain undertakings operating in the welding sector acted together and subsequently violated the Law No. 4054 on the Protection of Competition (“Law No. (...)

In an effort to take one step further in harmonizing the Turkish Competition Law with the EU legislation, the Turkish Competition Authority (“Authority”) has recently introduced the settlement mechanism under Article 43 of the Law No. 4054 on the Protection of Competition (“Law No. 4054”) and the (...)

Introduction In April 2016, the Turkish Competition Board (the “Board”) launched an investigation against Mey İçki San. ve Tic. A.Ş. (“Mey İçki”), a subsidiary of Diageo plc. The investigation aimed to explore the validity of the allegations regarding Mey İçki`s abuse of dominance in the Turkish (...)

In September 2011, the Turkish Competition Authority (the “Authority”) initiated a preliminary investigation against Mey İçki, a subsidiary of Diageo plc. in order to decide whether it violated Article 6 of Law No. 4054 on Protection of Competition (“Law No.4054”) in the Turkish market for rakı (...)

The Turkish Competition Board (“Board”) decided that Novartis and Roche violated Article 4 of the Law No. 4054 on the Protection of Competition (“Law No. 4054”) by way of engaging in concerted practice to expand the use of Lucentis as opposed to Altuzan, both of which are the drugs used for the (...)

Introduction The Competition Board recently announced its decision to launch a fully fledged investigation, ex officio, against Facebook Inc, Facebook Ireland Ltd, WhatsApp Inc and WhatsApp LLC (together, ’Facebook’) in order to assess whether they had violated Article 6 of Law 4054 on the (...)

This case summary includes an analysis of the Turkish Competition Board’s (“Board”) SBM decision in which the Board evaluated Sigorta Bilgi ve Gözetim Merkezi’s (Insurance Information and Monitoring Center) (“SBM”) request for individual exemption or negative clearance for the payment method (...)

In 2019 and 2020, Turkish administrative courts handed down noteworthy judgments concerning two particular decisions of the Turkish Competition Board (“Board”). In both of these cases, namely the (i) Sahibinden Bilgi Teknolojileri Pazarlama ve Tic. A.Ş. (“Sahibinden”) judgment rendered by the Ankara (...)

1. Introduction The draft Regulation of the European Parliament and of the Council on Contestable and Fair Markets in the Digital Sector (Digital Markets Act) (“DMA Proposal”) was announced by the European Commission (“Commission”) on December 15, 2020. The DMA Proposal envisages the imposition of (...)

(1) Introduction On February 23, 2021, the Turkish Competition Authority (“Authority”) has published seminal judgments of the 13th Chamber of the Council of State (“Council of State”). These are landmark decisions that upheld the Turkish Competition Board’s (“Board”) analysis within the scope of (...)

At the end of 2020, the Turkish Competition Board (“Board”) finalized its assessment on the investigation regarding the price increases in the fertilizer industry, conducted against six undertakings active in the fertilizer manufacturing market in Turkey to determine whether the relevant (...)

Upon the Ankara 7 th Administrative Court’s annulment its 2016 decision , the Competition Board (“Board”) re-examined the allegations against Siemens Healthcare Sağlık A.Ş. (“Siemens”) concerning abuse of dominance by way of excluding the competitors, engaging in discriminatory practices, and (...)

On January 24, 2020, Türkiye İş Makinaları Distribütörleri ve İmalatçıları Birliği (“IMDER”), an association of undertakings active in distribution and production of construction equipment, applied to the Turkish Competition Authority (“Authority”) for a negative clearance or an individual exemption with (...)

The Factors Affecting the Use of Essential Facilities Doctrine in Light of the Lithuanian Railway v Commission Decision: A Comparison with the Turkish Practice and Potential Implications 1) Introduction On November 18, 2020, the General Court of the European Union (“General Court”) upheld the (...)

This Special Issue presents a collection of significant merger precedents issued by the Turkish Competition Board (“Board”), the decisional body of the Turkish Competition Authority (“Authority”), in recent years. The primary goal of this compilation is to offer useful insights on the Board`s approach to merger review, by way of providing a collection of illustrative examples on various trending topics in terms of the Board’s assessment and enforcement practices with respect to merger control.

(1) Introduction The Guidelines on Examination of Digital Data during On-site Inspections (“Guidelines”), which was recently published by the Turkish Competition Authority (“Authority”), specifically refer to the procedure to be followed when the case handlers encounter situations calling for the (...)

(1) Introduction In 2018, in its Enerjisa decision, the Turkish Competition Board (“ Board ”) had imposed administrative fines amounting to a total of TRY 143 million on three retail electricity sales companies (namely AYESAŞ, BAŞKENT and TOROSLAR) (together, the “ RESCs ”) and one electricity (...)

This case summary includes an analysis of the Ankara 13th Administrative Court’s (the “Court”) judgment, where the Court reviewed and annulled the Turkish Competition Board’s (the “Board”) decision to close its preliminary investigation conducted against Duru Bulgur Gıda San. Tic. A.Ş. (“Duru (...)

The Court of Justice of the European Union (“ CJEU ”), in its recent decision with regard to the two joint cases (C‐807/18 and C‐39/19) brought before it for preliminary ruling, addressed how incompatibility with net neutrality shall be assessed under the relevant legislation regarding open (...)

This case summary includes an analysis of the Turkish Competition Board’s (“Board”) Marport decision in which the Board evaluated the transaction concerning the acquisition of sole control of Marport Liman İşletmeleri Sanayi ve Ticaret Anonim Şirketi (“Marport”) by Terminal Investment Limited Sàrl (...)

On November 5, 2019, Novo Nordisk Sağlık Ürünleri Ticaret Ltd. Şti. (“Novo Nordisk”) applied to the Turkish Competition Authority (“Authority”) for a negative clearance or an individual exemption with respect to a subcontracting agreement with Abdi İbrahim İlaç San. ve Tic. A.Ş. (“Abdi İbrahim”), a (...)

On February 13, 2020, the Turkish Competition Board (“Board”) initiated a preliminary investigation upon the complaints received from Samuklar Motorlu Araçlar Madencilik İnş. San. ve Tic. Ltd. Şti.’s (“Samuklar”), which previously worked as the dealer of Brisa Bridgestone Sabancı Lastik San. ve Tic. (...)

(1) Introduction Law No. 4054 on the Protection of Competition (“Competition Law”) has recently gone through the most comprehensive set of amendments since its initial adoption back in 1994. Law No. 7246 on Amendments to the Law on Protection of Competition (“Amendment Law”), which entered into (...)

After rounds of revisions and failed attempts of enactment over a span of several years, the proposal for an amendment to the Law No. 4054 on Protection of Competition (“Law no. 4054”) (“Amendment Proposal”) has finally been approved by the Turkish parliament, namely the Grand National Assembly of (...)

This case summary concerns an analysis of the Board’s Baymak decision, which concerned an administrative monetary fine of TL 26,813,704.10 against Baymak Makina San. ve Tic. A.Ş. (“Baymak”) for the violation of Article 4 of the Law No. 4054 on the Protection of Competition (“Law No. 4054”) through (...)

The world is clearly going through uncertain times as a result of the COVID-19 outbreak. In Turkey, although at the moment there are significantly fewer confirmed cases of COVID-19 in Turkey as compared to the Western European countries and the UK, the COVID-19 pandemic outbrea k has also (...)

(1) Introduction The Turkish Competition Board’s (“ Board ”) Yozgat Ready Mixed Cement decision (“ Decision ”) was published on September 7, 2020. The Board concluded that certain ready mixed concrete producers operating in Yozgat province of Turkey entered into a cartel agreement by way of forming (...)

Background In 2012, the Board launched a full-fledged investigation against Türk Telekom and TTNET upon the complaints of certain Internet service providers (“ISP”), alleging that Türk Telekom and TTNET had abused their dominant positions in the wholesale and retail markets for fixed broadband (...)

The Turkish Competition Board (“Board”) concluded that Turkcell İletişim Hizmetleri A.Ş. (“Turkcell”) and/or Vodafone Telekomünikasyon A.Ş. (“Vodafone”) did not violate Law No. 4054 on the Protection of Competition (“Law No. 4054”) as their conduct did not amount to an anti- competitive constructive (...)

The Turkish Competition Board (“Board”) published its reasoned decision regarding its preliminary investigation pertaining to the allegations that Hayal Seramik Yapı ve Ürünleri San. Tur. ve Tic. A.Ş. (“Qua Granit”) violated Article 4 of the Law No. 4054 on the Protection of Competition (“Law No. (...)

This case summary concerns an analysis of the Turkish Competition Board’s (“Board”) IGA Akaryakıt/THY/Total/Zirve decision, in which the Board evaluated the acquisition of joint control over IGA Havalimanı Akaryakıt Hizmetleri A.Ş.’s (“IGA Akaryakıt”) shares by Türk Hava Yolları A.O. (“THY”), Total Oil (...)

This case note analyses Ankara 6th Administrative Court’s (the “Administrative Court”) annulment judgment (18.12.2019; 2019/946 E., 2019/2625 K.) through which the Administrative Court reviewed the Turkish Competition Board’s (the “Board”) decision dated 01.10.2018 and numbered 18-36/584-285, (...)

This case summary includes an analysis of 13th Chamber of the Council of State’s (“Council of State”) decision (E. 2019/1035, K. 2019/4253, 11.12.2019) concerning the last stop of the judicial review. In the judicial review process, Batisöke Söke Çimento Sanayii T.A.Ş. (“Batısöke”) filed to annul (...)

This case summary concerns an analysis of the Board’s Cinven/Vakıf/Barentz decision, in which the Board evaluated the acquisition of joint control over H.L. Barentz B.V. (“ Barentz ”) by (i) an investment fund, which was ultimately controlled by Cinven Capital Management (VI) General Partner (...)

This case summary concerns an analysis of the Board’s CNNC Capital/Tongfang decision, regarding the acquisition of sole control over Tsinghua Tongfang Co. Ltd. (“Tongfang”) by China National Nuclear Corporation Capital Holdings Co. Ltd. (“CNNC Capital”). The Board assessed whether the parties, both (...)

This case summary concerns an analysis of the Turkish Competition Board’s (“Board”) Van Leeuwen/Benteler decision, in which the Board evaluated the acquisition of sole control over Benteler International Aktiengesellschaft’s (“ Benteler ”) business unit for the distribution of steel pipes (“ Target (...)

This case summary includes an analysis of Ankara 11th Administrative Court’s (the “Administrative Court”) decision (24.10.2019, E. 1315, K. 2115) in which the Administrative Court annulled the Turkish Competition Board’s (the “Board”) decision (15-28/317-95, 07.07.2015) due to the incomplete (...)

The articles in this Special Issue aim to demonstrate how the Turkish Competition Board (the “Board”) paved the way for the harmonization of the Turkish competition law regime with European Union law over the span of the past decade on various fronts. In a similar vein, these articles also intend to shed light on the contemporary approach adopted by the Board in cases concerning anticompetitive practices, unilateral practices and mergers.

This case summary concerns an analysis of the Board’s PayU/iyzico decision, in which the Board analysed the parties’ market powers in the financial technology (“ FinTech ”) market by applying different market share calculation methods and established the general principles for the assessment of (...)

This case summary concerns an analysis of the Turkish Competition Board’s (“Board”) Saudi Aramco/Sabic decision, in which the Board focused on whether the two state-owned undertakings belonged to the same economic unit, while also analysing whether competition in the relevant product markets takes (...)

This case summary concerns an analysis of the Board’s Akdağ Beton/Şenerler Beton/Saray Beton/Sarıkaya Beton/Üç Yıldırım decision, based on an investigation initiated due to a complaint filed with the Turkish Competition Authority against certain ready-mixed concrete companies that were active in Yozgat, (...)

This case summary concerns an analysis of the Board’s Kerry Logistics/Asav HoldCo decision, where the Board, by taking into consideration the parties’ intention with regards to the acquisition of sole control, evaluated whether or not to tolerate an interim joint control period that would exceed (...)

(1) Introduction The decision of the Turkish Competition Board (the “Board”) concerning the full-fledged investigation of the Turkish Competition Authority (the “Authority”) against Sahibinden Bilgi Teknolojileri Pazarlama ve Ticaret A.Ş. (“Sahibinden.com”) has been unanimously overturned by Ankara (...)

This case summary includes an analysis of the Turkish Competition Board’s (the “Board”) Tuborg decision (20.06.2019; 19-22/335-152) in which the Board withdrew Tuborg Pazarlama A.Ş.’s (“Tuborg”) individual exemption granted to its agreements containing exclusivity clauses with sellers such as (...)

Background The Turkish Competition Board (“Board”) has recently published its reasoned decision on an exemption application by Platform Aracılık ve Danışmanlık Ltd. Şti. (“Platform Aracılık”) regarding its sample agreements (hereinafter referred to as the “Agreement”) with five fuel distributors (“Fuel (...)

This case summary includes an analysis of the Turkish Competition Board’s (the “Board”) Istanbul Customs Brokers Association decision (20.06.2019; 19-22/352-158) in which the Board evaluated the allegations raised by Ünsped Gümrük Müşavirliği ve Lojistik Hizmetleri A.Ş (a customs brokerage and logistics (...)

This case summary concerns an analysis of the Board’s Nidec/Embraco decision, regarding the acquisition of sole control over the compressor manufacturing business (“ Embraco ”) of Whirlpool Corporation (“ Whirlpool ”) by Nidec Corporation (“ Nidec ”). Within the scope of its preliminary review (Phase (...)

This case summary concerns an analysis of the Board’s Air France/Virgin Atlantic decision, in which the Board evaluated the acquisition of joint control over Virgin Atlantic Limited (“ VAL ”) by Air France-KLM S.A. (“ AFKL ”), Virgin Group Holding Limited (“ Virgin Group ”), and Delta Air Lines, Inc. (...)

Background Limar Liman ve Gemi İşletmeleri A.Ş. (“Limar”), which is controlled by Arkas Holding A.Ş. (“Arkas”) notified to the Turkish Competition Authority (the “Authority”) its acquisition of the sole control over Mardaş Marmara Deniz İşletmeciliği A.Ş. (“Mardaş” or the “Target”) operating the Ambarlı (...)

In a preliminary investigation in 2011 on the allegations that Abalıoğlu Yem Soya ve Tekstil A.Ş. (“ Abalıoğlu ”) had exclusivity clauses in its dealership agreements concerning the sales of chicken meat and eggs under “Lezita” brand, the Board had decided that Abalıoğlu had not violated the Law No. (...)

This case summary includes an analysis of Turkish Competition Board’s (the “Board”) BFIT preliminary investigation decision (07.02.2019, 19-06/64-27) in which the Board evaluated non-compete and no-poaching obligations imposed by Bfit Sağlık ve Spor Yatırım ve Tic. A.Ş. (“BFIT”) to its franchisees. (...)

On May 3rd, 2019 the Turkish Competition Board (“Board”) published its reasoned decision dated February 7th, 2019 and numbered 19-06/51-18 with respect to the hindering of the on-site inspection conducted in Ege Gübre Sanayii A.Ş. (“Ege Gübre”). The decision concerns the evaluation on whether Ege (...)

The Turkish Competition Board published its reasoned decision on an additional investigation on whether Turkcell İletişim Hizmetleri A.Ş. has violated the Law No. 4054 on the Protection of Competition through resale price maintenance and exclusivity practices (19-03/23-10; 10.01.2019). The (...)

The Ankara 7th Administrative Court (“Court”) annulled the dismissal decision of the Turkish Competition Board (“Board”) concerning the allegations that Mastervolt International Holding B.V. (“Mastervolt”) and its exclusive distributor in Turkey, Artı Marin Elektrik Dış Tic. Ltd. Şti. (“Artı Marin”), (...)

This case summary includes an analysis of the Turkish Competition Board’s (the “Board”) Sony decision (22.11.2018; 18-44/703-345) in which the Board evaluated the allegations concerning resale price maintenance (“RPM”) against Sony Eurasia Pazarlama A.Ş. (“Sony”) upon complaint of a former distributor (...)

This case note analyses the Turkish Competition Board’s (“Board”) decision of 22 November 2018 numbered 18-44/702-344 in which the Board assessed the allegations that several undertakings–which are all active in the steel guardrail sector in Turkey and members of the Turkish Association of Steel (...)

This case summary concerns an analysis of the Board’s MP Hotel decision, in which the Board evaluated the acquisition of sole control over the (i) Magic Life Water World Imperial (“ Magic Life ”) in Antalya, (ii) TUI Blue Marmaris (“ TUI ”) in Muğla, (iii) Bodrum Imperial in Muğla, and (iv) Alaçatı (...)

(1) Introduction The reasoned decision of the Turkish Competition Board (the “ Board ”) concerning the preliminary investigation initiated by the Turkish Competition Authority (the “ Authority ”) against four movie producers and their professional union has been published on the official web-site (...)

The Turkish Competition Board (" Board ") assessed the creation of two separate JVs by General Electric Company (" GE "), Sumitomo Corporation (" Sumitomo "), Shikoku Electric (" Shikoku "), and Sharjah Asset Management Holding (“ Sharjah ”) for the wholesale trade of electric and the generation (...)

This case summary concerns an analysis of the Board’s Jacobs decision, in which the Board evaluated the notification submitted by Jacobs TR, regarding the transaction by and between Jacobs Group, Kasap Family and Jacobs TR, a wholly owned subsidiary of Jacobs Group, which intended to acquire (...)

This case note analyses the Turkish Competition Board’s (“Board”) recently published Sahibinden.com decision of October 1st, 2018 numbered 18-36/584-285 in which the Board assessed whether Sahibinden Bilgi Teknolojileri Paz. ve Tic. A.Ş. (“Sahibinden.com”) –an online platform which acts as an (...)

This case summary concerns an analysis of the Turkish Competition Board’s (“Board”) Luxottica/Essilor decision, in which the Board evaluated the transaction concerning the merger of Luxottica Group S.p.A. (“Luxottica”) and Essilor International Compagnie Générale d’Optique S.A. (“Essilor”). (...)

The Turkish Competition Board (“ Board ”) resolved that the transaction would not be deemed as a concentration requiring mandatory merger control filing before the Turkish Competition Authority (the “ Authority ”), given that the transaction would result in shifting alliances. To that end, the (...)

This case summary concerns an analysis of the Board’s Thales/Gemalto decision regarding the acquisition of sole control over Gemalto N.V. (“Gemalto”) by Thales S.A. (“Thales”). The Board indicated that the aggregate market share of the parties would be relatively high in the enterprise key (...)

The Competition Board recently published its reasoned decision on the application filed by Vodafone Net İletişim Hizmetleri AŞ regarding an agreement signed with Superonline İletişim Hizmetleri AŞ. The agreement concerns Vodafone and Superonline granting each other access to their respective (...)

This case note analyses the Turkish Competition Board’s (“Board”) recently published Enerjisa decision of 8 August 2018 numbered 18-27/461-224 in which the Board assessed whether Enerjisa and its subsidiaries, all active in the electricity sector in Turkey, violated Article 6 of Law No. 4054 (...)

Background The Turkish Competition Board (“Board”) initiated a preliminary investigation on March 8, 2018 (Decision No. 18-07/124-M), in the traffic signalization sector. Subsequently, the Turkish Competition Authority’s (“TCA”) case handlers conducted an on-site inspection on June 5, 2018, at the (...)

This case note analyses the Turkish Competition Board’s (“Board”) Frito Lay decision, dated 12.06.2018 and numbered 18-19/329-163. The Board has recently published its reasoned decision regarding the preliminary investigation that was launched against Frito Lay Gıda San. Tic. A.Ş. (“Frito Lay”) (...)

This case note analyses the Turkish Competition Board’s (“ Board ”) decision of May 29th, 2018 numbered 18-16/293-146 in which the Board assessed the acquisition of Doğan Müzik Kitap Mağazacılık Pazarlama AŞ (“ D&R ” or “ Target ”) and its two subsidiaries, namely, Hür Servis Sosyal Hizmetler ve Tic (...)

The Turkish Competition Board (“ Board ”) granted conditional approval to the acquisition of sole control over Monsanto Company (“ Monsanto ”) by Bayer Aktiengesellschaft (“ Bayer ”), by way of taking into account the commitments submitted before the European Commission (“ Commission ”). This case (...)

This case summary includes an analysis of the Turkish Competition Board’s (“Board”) TUÇEF and TURÇEF decision (03.05.2018; 18-13/230-105). The Board reviewed the allegations put forward by Berkay Gökçe, a real person, against TURÇEF Yeminli Çevirmenlik Federasyonu (“TURÇEF”) and TUÇEF Uluslararası (...)

A. Introduction The Competition Board (“Board”) has recently published its reasoned decision in its reassessment of the Turkish Pharmacists Association (Türk Eczacıları Birliği) (“TPA”) case, following the annulment decision rendered by the 13th Chamber of the High State Court (“High State Court”). (...)

The Turkish Competition Authority (“Authority”) completed its work in progress on revising the Guidelines on Vertical Agreements (“Guidelines”) that was issued based on the Block Exemption Communiqué on Vertical Agreements (“Communiqué No. 2002/2”). It took approximately 2 years for the Authority to (...)

This case summary includes an analysis of the Turkish Competition Board’s (“Competition Board” or “Board”) Çiçek Sepeti decision (08.03.2018; 18-07/111-58). The Board reviewed the allegations put forward by Çiçek Satış A.Ş. (“Çiçek Satış”) against Çiçek Sepeti İnternet Hizmetleri A.Ş. (“Çiçek Sepeti”) (...)

Upon a number of complaints, the Turkish Competition Board (the “Board”) opened an in-depth investigation against Akdeniz Elektrik Dağıtım A.Ş. (“Akdeniz Elektrik”), CK Akdeniz Elektrik Perakende Satış A.Ş. (“CK Akdeniz”) and AK DEN Enerji Dağıtım ve Perakende Satış Hizmetleri (“AK DEN”), which were all (...)

Introduction On May 5 2018 the Competition Board published its reasoned decision of February 15 2018 (18- 05/74-40) following its preliminary investigation into allegations that Jotun Boya Sanayi ve Ticaret AŞhad violated Article 4 of Law 4054 on the Protection of Competition. The allegations (...)

By way of taking into account another transaction realized by the same acquirer within the same relevant product market previously, the Turkish Competition Board (“ Board ”) resolved that the contemplated transaction is subject to a mandatory merger control filing, although it does not satisfy (...)

The Turkish Competition Board (“ Board ”) unconditionally approved the acquisition of sole control over Rockwell Collins, Inc. (“ Rockwell ”) by United Technologies Corporation (“ UTC ”) which will be realized by way of a reverse-triangular merger. This case summary concerns an analysis of the (...)

This case summary concerns an analysis of the Board’s Valeo/FTE Group decision, pertaining to the acquisition of sole control over FTE Group Holding GmbH (“FTE Group”) by Valeo Holding GmbH (“Valeo Germany”). The Board resolved that the transaction would result in a horizontally affected market in (...)

Introduction On January 9 2018 the Competition Board published a reasoned decision dated September 27 2017 (17-30/487-211) following its preliminary investigation into allegations by Doğtaş Kelebek Mobilya San ve Tic AŞ that Yataş Yorgan ve Yatak San ve Tic AŞ had violated Article 4 of Law 4054 on (...)

The Competition Board launched a fully-fledged investigation into 10 ready-mixed concrete companies active in the city of Izmir, which had been accused of undertaking a concerted practice for three months and thus violating Article 4 of Law 4054. Following a 16-month investigation, on August 22 (...)

This case summary includes an analysis of the Turkish Competition Board’s (“Board”) BSH decision (22.08.2017; 17-27/454-195). The Board reviewed the allegations put forward by Ersan Pazarlama Tic. Ltd. Şti. (“Ersan Pazarlama”) against BSH Ev Aletleri Sanayi ve Ticaret A.Ş. (“BSH”). The Board assessed (...)

This case note analyses the Turkish Competition Board’s (“Board”) Çekok Gıda decision dated 03.07.2017 and numbered 17-20/318-140. The Board had initiated an ex-officio preliminary investigation and assessed allegations that eight undertakings operating in the Turkish wholesale market for fresh (...)

This case note analyses the Turkish Competition Board’s (the “ Board ”) Vive B.V./Toyota decision of 6 April 2017 numbered 17-12/143-63 regarding the transaction by which Toyota Industries Corporation (“ TICO ”), through its subsidiary Toyota Industries Europe AB (“ Toyota Europe ”) will acquire all (...)

“The Turkish Competition Board (“ Board ”) unconditionally approved the transaction concerning the acquisition of joint control over Cerba Healthcare (“ Cerba ”) by Public Sector Pension Investment Board (“ PSPIB ”) and Partners Group AG (“ Partners Group ”). To that end, the Board resolved that a (...)

Introduction The New Block Exemption Communique 2017/3 for Vertical Agreements in the Motor Vehicle Sector in Turkey was published in the Official Gazette on February 24 2017. Communique 2017/3 revoked the Block Exemption Communique 2005/4 for Vertical Agreements and Concerted Practices in the (...)

Communique 2017/2 on the Amendment of Communique 2010/4 on Mergers and Acquisitions Subject to the Approval of the Competition Board was published in the Official Gazette on February 24 2017 and entered into force the same day. This update outlines the substantive amendments introduced by (...)

This case summary includes an analysis of the annulment decision of 13th Chamber of the High State Court (2010/4617 E., 2016/4241 K) (“High State Court”). The High State Court cancelled the Turkish Competition Board’s (the “Board”) decision on parallel export restrictions in vertical agreements. In (...)

Introduction The Competition Board recently published a reasoned decision (December 6 2016; 16-42/699-313) following its investigation into whether the Pharmacists’ Association (TEB) and the Pharmacists’ Association Commercial Enterprise (TEBII) had violated Article 6 of Law 4054 on the (...)

This case note analyses the Turkish Competition Board’s (“Board”) Aygaz decision dated 16.11.2016 with No. 16-39/659-294. The Board assessed allegations that Aygaz and its wholly-owned subsidiary, Mogaz A.Ş. (“Mogaz”), had engaged in resale price maintenance (“RPM”). Background The Board initiated (...)

This case note analyses the Turkish Competition Board’s (“Board”) Congresium ATO decision dated 27.10.2016 and numbered 16-35/604-269. The Board’s decision comes following the judgment of the Ankara 3rd Administrative Court which annulled the Board’s previous decision with respect to the same case (...)

This case note analyses the Turkish Competition Board’s (“ Board ”) International Paper Company / Weyerhaeuser decision of 23 September 2016 numbered 16-31/519-233 on the transaction concerning the acquisition of Weyerhaeuser Company’s paper pulp business unit (“ WHPP ”) through the transfer of (...)

Introduction On April 20 2016 the Turkish Competition Board published reasoned Decision 16-14/205-89, following its preliminary investigation into allegations that Soda Sanayii AŞ had violated: Article 6 of Law 4054 on the Protection of Competition by abusing its dominant position in the basic (...)

This case note analyses the Turkish Competition Board’s (“Board”) TÜPRAŞ decision of 16.03.2016, No. 16-10/159-70. The Board reviewed the allegations of abuse put forward by Akaryakıt Ana Dağıtım Şirketleri Derneği (“ADER”) against Türkiye Petrol Rafinerileri A.Ş. (“TÜPRAŞ”). TÜPRAŞ allegedly abused its (...)

The Turkish Competition Board’s (the " Board ") assessed the transaction concerning the acquisition of Pirelli Tyre SpA’s (“ Pirelli ”) steel tire cord business by NV Bekaert SA (" Bekaert ") in Turkey. During the Phase II review, the Board evaluated the parties’ market position and the potential (...)

Long-awaited amendments to the Law on Protection of Competition No. 4054 ("Competition Law") became a hot topic when the Turkish Parliament announced that the draft law containing the amendments ("Draft Law") was officially added to the drafts and proposals list. The Prime Ministry sent the (...)

In Turkey, non-compete obligations may be evaluated under the scope of “agreements that restrict competition” or “abusive conducts of dominant undertakings” (Article 4 and 6 of Law No. 4054 on Protection of Competition (“Law No. 4054”), akin to Article 101 and 102 of TFEU, respectively). However, (...)