Barış Yüksel works as counsel for Balcıoğlu Selçuk Akman Keki based in Istanbul and is highly experienced in competition law and served numerous domestic and international clients during his career, providing legal advice and representing his clients before the Turkish Competition Authority in a wide array of cases. Barış is specialized in telecommunications and energy regulations and he consulted a number of regulated firms as well as the Information Communications and Technologies Authority of the Republic of Turkey. Before joining BASEAK in 2021 as of counsel, he worked in the competition law and regulation departments of respected law firms. Barış has many publications in the fields of competition law and sector specific regulations and he was listed among the “Next Generation Partners” in the “Competition Law – Turkey” chapter of “The Legal 500” in 2019.
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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 (...)
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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 (...)
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(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 (...)
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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 (...)
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(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 (...)
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On May 27, 2020, the Turkish Competition Authority (“TCA”) published its Google Shopping Decision (13.02.2020, 20-10/119-69) whereby it imposed an administrative fine amounting to approx. EUR 13 million on Google for hindering the activities of its competitors in the “shopping comparison (...)
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Introduction On 29.01.2020, Turkish Competition Authority (“TCA”) announced its final decision (“Final Decision”) concerning the investigation conducted against Artı Marin Mobil Enerji Sistemleri Inc. (“Artı Marin”) and Mastervolt International Holding BV (“Mastervolt”), a Netherlands based (...)
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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 (...)
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Turkish Competition Authority’s (“TCA”) Philips Decision (26.12.2019, 19-46/790-344 – published on 27.05.2020) is quite significant as it is the first time that the TCA examined the conducts of a Standard Essential Patent (“SEP”) holder within the scope of Article 6 of the Act No. 4054 on the (...)
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Turkish Competition Authority (“TCA”) recently published its decision (“Review Decision”) reviewing the obligations that ought to be fulfilled by the economic integrity comprised of Google LLC, Google International LLC and Google Reklamcılık ve Pazarlama Ltd. Şti. (will be referred to as (...)
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On 09.09.2019, the Turkish Competition Authority ("TCA") published its reasoned decision in which it granted individual exemption to the Facility Consolidation Cooperation Agreement ("Agreement") signed between Vodafone, TT Mobil and Turkcell, the only three mobile operators in Turkey. The (...)
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The Turkish Competition Authority ("TCA") recently issued its reasoned decision concerning its investigation against Novartis Sağlık Gıda ve Tarım Ürünleri San. ve Tic. A.Ş. ("Novartis"), as a result of which the TCA held that the two undertakings did not violate the The Act on the Protection (...)
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The Turkish Competition Authority (“TCA”) has concluded its full-fledged investigation regarding a total of 20 undertakings operating in the poultry sector. In its decision dated 13.03.2019 and numbered 19-12/155-70, the TCA held that the following 9 undertakings violated Article 4 of the Law (...)
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Dusseldorf Court’s Decision Suspending the Bundeskartellamt’s Facebook Ruling: A Guideline For Examining Alleged Exploitative Abuses In 2019, the Bundeskartellamt rendered one of the most controversial decisions in the recent competition law history, finding that Facebook’s making the (...)
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Turkish Competition Authority (“TCA”) published its reasoned decision which concludes the investigation that was initiated on September 7, 2017 regarding the activities of Sony Eurasia Pazarlama A.Ş. (“Sony”). The main focus of the investigation was the allegations with respect to violation of (...)
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On 15.04.2019, the Turkish Competition Authority ("TCA") published its reasoned decision whereby it imposed administrative fines totalling to approximately TRY 8 million (EUR 1,2 million) against Sodexo and Edenred (two leading undertakings in the market for meal card services market in (...)
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The Turkish Competition Authority ("TCA") has cleared a transaction concerning the creation of a joint venture between "Jacobs Turkey" and Turkish tea producer "Of Çaysan" through its decision dated 17.10.2018 and numbered 18-39/632-307. Although the merits of the case are not of much (...)
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On October 15, 2018, the Plenary Session of the Administrative Law Chamber of the Council of State ("PSALC") reversed the decision of the 13th Chamber of the Council of State, which annulled the Turkish Competition Authority’s ("TCA") decision by which the TCA imposed a fine on Metro Turizm (...)
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On 18 September 2018, the European Commission ("EC") opened a full-fledged investigation regarding the possible collusion between the German car manufacturers, BMW, Daimler, Volkswagen, Audi, and Porsche known as the "Circle of Five". It will be examined whether these manufacturers entered (...)
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Turkish Competition Authority to Shape the Future of Multi-Play Services in Telecommunication Industry [TTNET]* INTRODUCTION On 21 December 2018, Turkish Competition Authority (“TCA”) published its decision regarding the investigation conducted against TTNET A.Ş. (“TTNET”), the leading (...)
