ACTECON (Istanbul)

Mustafa Ayna

ACTECON (Istanbul)
Counsel

Mustafa Ayna mainly works in competition, regulation and anti-dumping projects. He also assists the ACTECON team in day-to-day competition advisory services. Mustafa holds a law degree (LL.B) from Istanbul Bilgi University, 2016 where his studies were funded by success scholarship. Mustafa Ayna is fluent in English.

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Articles

2984 Bulletin

Bahadır Balkı, Mustafa Ayna, Özlem Başıböyük Coşkun, Arda Deniz Diler, Selim Turan The Ankara 13th Administrative Court rules for the annulment of the Turkish Competition Authority’s cartel decision due to failure of standard of proof (Kronospan)

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The Ankara 13th Administrative Court (’Court’) recently annulled with its decision (“Court Decision”) the Turkish Competition Authority’s (’TCA’) cartel determination (“TCA Decision”) against Kronospan Orman Ürünleri San. ve Tic. A.Ş. (“Kronospan”) in a decision through which it had imposed on 11 (...)

Mustafa Ayna, Selim Turan, Naz Çerçioğlu The Turkish Competition Authority clears one of the most well-known sports product brands of allegations regarding resale price maintenance and discrimination (Adidas)

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Introduction The Turkish Competition Authority (“TCA”) has launched numerous investigations into whether undertakings maintain their dealers’ resale prices. These investigations include one launched into one of the most well-known sports product brands, Adidas Spor Malzemeleri Satış ve Pazarlama (...)

Bahadır Balkı, Mustafa Ayna, Özlem Başıböyük Coşkun, Arda Deniz Diler The Turkish Competition Authority publishes a Communiqué which amends the turnover thresholds required for merger notification

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On 04.03.2022, important amendments/additions have been introduced to the Communiqué Concerning the Mergers and Acquisitions Calling for the Authorization of the Competition Board (“Communiqué No. 2010/4”). With this article, it is aimed to summarize these latest amendments in the Communiqué No. (...)

Özlem Başıböyük Coşkun, Mustafa Ayna, Selim Turan, Yüksel Talip Özbek The Turkish Competition Authority clears automotive companies of allegations of stockpiling and sensitive competitive information exchange

16

Introduction The automotive sector has been on the radar of the Turkish Competition Authority (“TCA”) for a long time. In this sense, the TCA conducted an investigation (“Investigation”) regarding the allegations that some undertakings operating in the first-hand and second-hand automotive markets (...)

Mustafa Ayna, Özlem Başıböyük Coşkun, Arda Deniz Diler The Turkish Competition Authority fines private hospitals for concluding no poach arrangements, conspiring to fix wages and service fees charged to freelance physicians (Private Hospitals Cartel)

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Introduction The Turkish Competition Authority (“TCA”) has published its reasoned decision dated 24.02.2022 and numbered 22-10/152-62 (“Private Hospitals Decision” or “Decision”) in which it examined the allegations that private health institutions and an association of undertaking (i) jointly (...)

Bahadır Balkı, Mustafa Ayna, Özlem Başıböyük Coşkun The Ankara Regional Administrative Court 8th Administrative Chamber rules for the stay of execution of the Turkish Competition Authority’s cartel decision because the Authority failed to reach the requisite burden of proof (AKKIM)

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A Critical Approach to Standard of Proof Adopted by the TCA* The Ankara Regional Administrative Court 8th Administrative Chamber (“Regional Court“) recently ruled for the stay of execution of the Turkish Competition Authority’s (“TCA“) cartel decision which has imposed on two undertakings active in (...)

Mustafa Ayna, Burak Buğrahan Sezer The Turkish Competition Authority’s decision to fine an association in the pharmaceutical sector on the grounds that some of its practices violated competition law, is overturned by the 13th Chamber of the Council of State (Turkish Pharmacists Association)

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The TCA’s Decision Regarding the Turkish Pharmacists Association Has Been Overturned* With the recent decision given by the 13th Chamber of the Council of State on 24 May 2021, the administrative fine given to the Turkish Pharmacists Association (“TPA”) by the Turkish Competition Authority (...)

Mustafa Ayna, Özlem Başıböyük Coşkun, Irem Eroğlu The Turkish Competition Authority publishes its reasoning behind the investigation conducted against a Big Tech company and its decision to fine the latter for abusing its dominant position (Google Adwords)

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Introduction In the previous days, the Turkish Competition Authority (“TCA”) has published its reasoned decision regarding the investigation conducted against Google. The decision comprises of the TCA’s assessments as to whether Google had abused its dominant position, in violation of Article 6 (...)

Bahadır Balkı, Mustafa Ayna, Özlem Başıböyük Coşkun The Turkish Regional Administrative Court annuls the Competition Authority’s decision that concluded a violation but no fine because the same action and subject had already previously been fined (Mey İçki)

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The Regional Administrative Court Found the Turkish Competition Authority’s Decision concerning Mey İçki Unlawful: Abuse of the Dominance Should Be Evaluated Separately in terms of Each Product Market!* Introduction The Ankara Regional Administrative Court’s 8th Administrative Chamber (“Regional (...)

Bahadır Balkı, Mustafa Ayna, Özlem Başıböyük Coşkun The Turkish Competition Authority imposes record fine on four major players operating in the fuel distribution sector (Shell / BP / OPET / PO)

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Introduction In March 2020, the Turkish Competition Authority (“TCA”) imposed a hefty fine amounting to approximately TRY 1.5 billion in total (approx. EUR 170 million) on four undertakings operating in the fuel distribution sector, namely BP Petrolleri A.Ş. (“BP”), OPET Petrolcülük A.Ş. (“OPET”), (...)

Bahadır Balkı, Mustafa Ayna, Özlem Başıböyük Coşkun The Turkish Competition Authority opens an investigation against an undertaking operating in the automotive sector in order to re-evaluate its previous decision since it was annulled by the 13th Chamber of Council of States (SCT)

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The Undertakings Operating in the Automotive Sector under the Review of the TCA Once Again* Introduction In the previous days, the Turkish Competition Authority (“TCA”) resolved under its decision dated 26.03.2020 and numbered 20-16/234-M to open an investigation against the undertaking (...)

Bahadır Balkı, Barış Yüksel, Mustafa Ayna The Turkish Competition Authority finds exchange of informations and supply restrictions from nine undertakings during an investigation in the Poultry sector (Investigation in the Poultry Sector)

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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 No. (...)

Mustafa Ayna, Emine Bilsin The Turkish Competition Authority finds that a distributor and aftersales service provider of cancer diagnosis and treatment devices abused its dominant position through excessive pricing and refusal to supply (Radontek Medikal / Duzey)

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On 1 February 2019, Turkish Competition Authority (“TCA”) published its reasoned decision regarding the full-fledged investigation conducted against Radontek Medikal İthalat İhracat San. ve Tic. Ltd. Şti. (“Radontek Medikal”) upon a complaint submitted to the TCA by Düzey Tıbbi Sistemler Bilgisayar ve (...)

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