Turkish Antitrust

Foreword Turkish Antitrust: an overview of national case law New

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.

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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)

General antitrust

The Turkish Competition Authority fines a manufacturer of small household appliances and its distributor after concluding they restricted resellers and online distributors in price setting (Groupe SEB / İlk Adım)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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 (...)

The Turkish Competition Authority issues the regulation on settlement procedure for investigations on anticompetitive agreements, concerted practices, decisions and abuse of dominant position
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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 (...)

The Turkish Competition Authority announces its decision to launch a fully-fledged investigation against two Big Tech companies (Facebook / WhatsApp)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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 (...)

Anticompetitive practices

The Ankara 9th Administrative Court annuls the Turkish Competition Authority’s decision to impose an administrative monetary fine on a chemical supplier stating that the standard of proof has not been met (Hicri Ercili)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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 Authority imposes a fine totalling EUR 173,8 million in the fields of retail food and cleaning products for a hub & spoke cartel involving resale price maintenance practices (Savola / A101 / Carrefour / Migros...) Free
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
(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 rejects an individual exemption application between two online retailers which agreed not to bid for the keywords relevant to their rival’s brand (Modanisa / Sefamerve)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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 Supreme Court annuls the Competition Authority’s decision to impose a fine on a manufacturer of personal and home care products for resale price maintenance and clarifies that RPM cases require an element of "coercion" or "incentive" (Henkel)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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 grants an individual exemption for five years to a “frequent flyer cooperation agreement” between a national airline and a bank (Turkish Airlines / Kuveyt Turk)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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 (...)

The Turkish Competition Authority announces the launch of a full-fledged investigation against thirty-two undertakings for gentlemen’s agreements in labor markets across Turkey (Yemek Sepeti / Zomato / Commencis...)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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 (...)

The Turkish Competition Authority imposes administrative monetary fine on a major paint supplier for resale price maintenance and exclusive distribution (DYO)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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 (...)

The Turkish Competition Authority issues a decision on the analysis of alleged price coordination of undertakings in the welding sector underscoring the importance of economic analysis when investigating infringement complaints (Magmaweld / Oerlikon / Askaynak / Gedik)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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. (...)

The Turkish Competition Authority imposes fines on two pharmaceutical companies for engaging in concerted practices to expand the use of Lucentis as opposed to Altuzan in treating eye diseases (Roche / Novartis)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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 (...)

The Turkish Competition Authority evaluates a request from an insurance information company for an individual exemption or negative clearance for the payment method application which enables payment with the first six and last four digits of the card number (SBM)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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 (...)

The Turkish Competition Authority finalizes its investigation conducted against six undertakings regarding price increases in the fertilizer industry, and provides a thorough analysis of the sector dynamics and the relevant market (Bagfaş / Ege / Gemlik / Gubretas / Igsas / Toros)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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Metro AG (Düsseldorf)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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 (...)

The Turkish Competition Authority rejects the information exchange scheme proposed by an online platform for failing to fulfill the individual exemption requirements (IMDER)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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 Ankara Regional Administrative Court annuls the Competition Authority’s decision to close its preliminary investigation conducted against a company regarding its alleged resale price maintenance practices in the food retailing sector (Duru Bulgur)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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 Turkish Competition Authority grants an individual exemption for a subcontracting agreement concluded with a subcontractor in the same market taking into account localization of the import-dependent insulin industry and sustainability of the quality (Novo Nordisk)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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 (...)

The Turkish Competition Authority imposes administrative fines on a manufacturer and distributor of heating systems for engaging in vertical restraints (Baymak)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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 Turkish Competition Authority fines ready mix concrete producers for a cartel agreement (Coşkunlar / Irgatoğlu / Sorgun Emek / Tamer...)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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Balcıoğlu Selçuk Akman Keki (BASEAK) (Istanbul)
(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 (...)

The Ankara Administrative Court reassesses the Competition Authority’s decision on price squeezing allegations in the telecommunications sector (Türk Telekom / TTNET)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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 Authority issues an opinion letter regarding its preliminary investigation of a manufacturer of ceramic and granite products for restricting the active and passive sales of its dealers and for forcing consumers to purchase products within their provinces (Qua Granit)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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. (...)

The Turkish Council of State rejects an appeal request made by a cement producer concerning the Regional Administrative Court’s decision which imposed a monetary fine for engaging in concerted practices with its competitors, increasing prices and territorial allocation (Batısöke)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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 (...)

The Turkish Competition Authority withdraws the individual exemption granted to an agreement containing exclusivity clauses in the on-trade beer market sector (Tuborg)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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 (...)

The Turkish Competition Authority fines a professional association for its protocol which resulted in prohibitions regarding competitors’ offers and advertising activities (The Customs Brokers Association of Istanbul / Ünsped Gümrük Müşavirliği ve Lojistik Hizmetleri)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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 (...)

The Turkish Competition Authority persists in its assessment of exclusivity practices in a company’s dealership agreements on the sales of chicken, meat, and eggs (Abalıoğlu)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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. (...)

The Turkish Competition Authority finds no-poaching clauses in a gym company’s franchising agreements to be against competition law (BFIT)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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. (...)

Unilateral Practices

The Turkish Competition Authority accepts for the first time in the preliminary investigation stage the commitments proposed by a glass manufacturing company to remedy the competition concerns relating to abuse of dominance in the glass production market (Şişecam)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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 (...)

The Turkish Competition Authority issues interim measures against a leading marketplace platform for its use of algorithms and third party data to achieve self-preferencing (Trendyol)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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 (...)

The Turkish Competition Authority accepts a leading beverage company’s commitments to remedy the competition concerns raised concerning its abuse of dominance in the carbonated drinks, cola drinks and aromatic carbonated drinks markets (Coca Cola)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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 Authority closes an investigation regarding an alleged abuse of dominance through withholding access to codes and activation tools required for the maintenance and repair of medical imaging devices (Philips Turkey)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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 (...)

The Turkish Competition Authority finds manufacturers of medical imaging and diagnostic devices not liable for abuse of dominance in relation to the provision of access codes and activation tools for the maintenance of medical imaging devices (Türk Philips Ticaret)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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 (...)

The Turkish Competition Authority closes an investigation against an alcohol manufacturer for alleged abuse of dominance in respect of the ne bis in idem principle (Mey İçki)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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 Administrative Court issues noteworthy judgements setting standard of proof for abuse of dominance (Sahibinden.com) (Enerjisa)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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 (...)

The Turkish Competition Authority re-examines allegations of exclusionary practices in the healthcare sector (Siemens)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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Metro AG (Düsseldorf)
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 (...)

The Turkish Administrative Court upholds the fines imposed by the Competition Authority on two electricity sales companies for abuse of dominance (Rescs / Ayedas)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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Balcıoğlu Selçuk Akman Keki (BASEAK) (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
(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 (...)

The Turkish Competition Authority finds allegations of abuse of dominance against an automobile services company groundless and does not initiate a full-fledged investigation (Samuklar / Brisa)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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. (...)

The Turkish Competition Authority announces a zero-tolerance policy against excessive price increases in the food sector during the COVID-19 outbreak Free
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ACTECON (Istanbul)
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 (...)

The Turkish Competition Authority decides that delays by mobile operators regarding the signing of interconnection agreements do not amount to an anti-competitive constructive refusal to deal (NetGSM / Turkcell-Vodafone)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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Balcıoğlu Selçuk Akman Keki (BASEAK) (Istanbul)
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 Administrative Court annuls the fines imposed by the Competition Authority due to failure to establish the required standards for competition law infringement in excessive pricing cases (Sahibinden.com)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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, (...)

The Turkish Competition Authority imposes a daily fine on a Big Tech company for not complying with previously imposed obligations (Google)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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Balcıoğlu Selçuk Akman Keki (BASEAK) (Istanbul)
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ACTECON (Istanbul)
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 “Google” (...)

The Turkish Administrative Court in Ankara annuls a decision of the Competition Authority in the electronic communications sector due to incomplete examination of anticompetitive infringement (Dogan / Cisco)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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 Turkish Competition Authority fines a company for resale price maintenance after the Council of State annulled its first decision finding no infringement regarding prepaid card prices (Turkcell II)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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Kia (Frankfurt)
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 (...)

Mergers

The Turkish Competition Authority sees new merger control regime enter into force, amending notification thresholds and scope of applicable sectors
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
(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 (...)

The Turkish Competition Authority unconditionally clears the acquisition of a machine manufacturer’s process and motion control business by its parent company through a reverse Morris trust (Regal / Rexnord)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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 (...)

The Turkish Competition Authority gears up to raise the jurisdictional turnover thresholds and to introduce specific rules to catch killer acquisitions
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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 Authority evaluates the transaction concerning the acquisition of sole control of a shipping company by a terminal investor (TIL / Marport)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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 (...)

The Turkish Competition Authority acknowledges that market shares are not the sole indicators of market power and grants an unconditional clearance to the acquisition of a company in the energy sector (IGA Akaryakıt / THY / Total / Zirve)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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 (...)

The Turkish Competition Authority approves the transaction concerning the indirect acquisition of joint control over a chemical company by an investment fund (Cinven / Vakıf / Barentz)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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 (...)

The Turkish Competition Authority approves the transaction concerning the indirect acquisition of control over a coal and steel company and its business unit for the distribution of steel pipes via a transfer of shares (Van Leeuwen / Benteler)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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 (...)

The Turkish Competition Authority unconditionally approves an acquisition concluding that the parties, both controlled by Chinese State authorities, constitute separate entities (Tsinghua Tongfang / CNNC Capital)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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 (...)

The Turkish Competition Authority approves the acquisition of a company active in the FinTech sector (PayU / İyzico)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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 (...)

The Turkish Competition Authority approves a merger focusing its analysis on whether the two state-owned undertakings belong to the same economic unit and whether competition in the relevant product markets takes place on a global level due to their import-oriented nature (Sabic / Saudi Aramco)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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 (...)

The Turkish Competition Authority evaluates four stand-alone transactions in the construction sector after receiving a complaint and concludes that the transactions are not subject to approval given that the jurisdictional turnover thresholds are not met (Akdağ Beton / Şenerler Beton / Saray Beton / Sarıkaya Beton / Üç Yıldırım)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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, (...)

The Turkish Competition Authority accepts the transitory nature of joint control status despite a relatively long transition period in the transports market (Kerry Logistics / Asav)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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 (...)

The Turkish Competition Authority approves the acquisition of a manufacturing company subject to commitments submitted to the EU Commission (Nidec / Embraco)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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 (...)

The Turkish Competition Authority approves the transaction concerning the acquisition of joint control over an airline company but gives a "no-go" to certain provisions of the transaction agreement (Air France / Virgin Atlantic)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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. (...)

The Ankara 9th Administrative Court orders a stay of execution on a port acquisition after the Competition Authority’s conditional clearance with behavioural remedies (Kumport)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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Kia (Frankfurt)
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 (...)

Procedures

The Turkish Competition Authority concludes an investigation into the small household appliances sector with the first settlement decision under the newly introduced settlement procedure (Philips / Dünya Dış)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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 (...)

The Turkish Competition Authority introduces a settlement mechanism under national competition law
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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 (...)

The Turkish High State Court upholds the Competition Authority’s non-fining decision by implementing the non bis in idem principle (Mey İçki / Antalya Alkollü / Efe Alkollü)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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Trendyol (Ankara)
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 (...)

The Turkish Council of State recognizes the ne bis in idem principle in competition law (Mey İçki)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
,
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
(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 (...)

The Turkish Competition Authority publishes guidelines for the examination of digital data during on-site inspections
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
(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 (...)

The Turkish Competition Authority introduces an up-to-date settlement mechanism
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
,
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
(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 (...)

The Turkish Parliament approves amendments to the national competition law which introduces mechanisms for the selection of cases for the Authority to focus on, a substantive test for merger control, behavioral and structural remedies for anti-competitive conduct and procedural tools
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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 (...)

The Ankara 6th Administrative Court annuls the Turkish Competition Authority’s decision and finds that the Authority did not meet the required standard of proof (Sahibinden)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
,
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
(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 (...)

The Turkish Competition Authority fines a fertiliser supplier for hindering an on-site inspection (Ege Gübre Sanayii)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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 (...)

Regulatory

The Turkish Competition Authority grants an exemption to an electronic refuel and information system bringing together fuel distributors and end-users in a two-sided market (Platform Aracılık / Danışmanlık)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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Kia (Frankfurt)
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 (...)

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