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The Turkish Competition Authority releases its Mergers and Acquisitions Overview Report for 2018The TCA published its Mergers and Acquisitions Overview Report 2018 (’Report’) on its website on 9 January 2019. The Report provides information on the Turkish merger control system and makes comparisons between past years and 2018, as well as between Turkish and foreign investments. The Report (...)
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Frédéric Jenny Liber Amicorum Data-Related Abuses in Competition Law293 Data-Related Abuses in Competition Law gönenç g ürKAynAK, e Sq.* Ali K AğAn U ҫAr ** ZEYNEP B UHARALI *** ELIG Gürkaynak Attorneys-at-Law Abstract This article examines data-related abuses in competition law within today’s datadriven economic world. There is no doubt that data has become an (...)
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The Ankara 7th Administrative Court annuls the Turkish Competition Board’s dismissal decision regarding the allegations on the restriction of parallel imports in the market of energy system (Mastervolt / Eltesan)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”), (...)
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The Turkish Competition Authority holds that online sales channels exerts competitive pressure in traditional sales channels in the market of sales of books (Doğan Müzik Kitap Mağazacılık ve Pazarlama A.Ş.)Should Traditional and Online Sales Channels Constitute Separate Relevant Markets? (The TCA’s D&R Decision) On November 23, 2018, the Turkish Competition Authority (“TCA”) published its reasoned decision (“D&R Decision”) concerning the investigation conducted against Doğan Müzik Kitap (...)
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The Turkish Competition Authority fines a consumer electronics company for resale price maintenance in online sales (Sony)On 22 November 2018 the Turkish Competition Authority (“TCA”) completed its investigation and decided to sanction Sony Eurasia Pazarlama A.Ş. (“Sony”) for its involvement in imposition of fixed or minimum resale prices maintenance (“RPM”) on online retailers. Sony should be faced with an (...)
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Antitrust and Developing & Emerging EconomiesAnnual Concurrences & NYU School of Law conference, with the support of Charles River Associates, Cleary Gottlieb, ELIG Gürkaynak Attorneys-at-Law, Qualcomm, Ropes & Gray, White & Case (Panel Sponsors) and MLex and PaRR (Media (...)
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The Turkish Competition Authority recent preliminary inquiry’s finds no price fixing in the Baby Food Product market (Numil / Nestlé / Montero / Kopas / Hipp / Hero / Abbott)Introduction In February 2019, the Turkish Competition Authority (“TCA”) released the public version of its decision with regard to its preliminary inquiry against the undertakings producing and/or selling baby food products. Contrary to the price fixing allegations, the TCA found that the (...)
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The Turkish Competition Authority fines an online platform service provider for excessive pricing (Sahibinden)The Turkish Competition Authority (“TCA”) fined Sahibinden.com (online platform service provider) approx. EUR 1,525,801 for excessive pricing. The TCA initiated two full-fledged investigations against Sahibinden.com back in 2017. Consequently, the TCA concluded on 1 October 2018 that (...)
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The Turkish Competition Authority finds that an online platform services for real estate and vehicle sales abused its dominant position trough implementing excessive prices (Sahibinden)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 (...)
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The Turkish Competition Authority publishes a decision on export bans in the pharmaceutical sector (Roche)Introduction On 27 September 2018, Turkish Competition Authority (“TCA”) published its decision concerning the allegations that Roche Müstahzarları A.Ş. (“Roche”) had violated articles 4 and 6 of the Law on the Protection of Competition (“Competition Act”). Within this scope, the TCA re-evaluated (...)
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The Turkish Competition Authority follows the European Commission’s footsteps in the search engines’ battles (Google / Yandex)The tech giant Google has been under the Turkish Competition Authority’s (“TCA”) scrutiny due to its practices in the market for licensable mobile operating systems and under the judicial review since July 2015. In September 2018, the TCA has finally released its short decision and imposed a fine (...)
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Turkey: Dynamic efficiency considerations in merger control analysesThe final destination and the ultimate goal that we put forth in our article is that the Turkish Competition Board should include innovation considerations in its merger control analyses by employing dynamic tools. Accordingly, we contend that the Turkish Competition Board should “set its course (...)
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The Turkish Competition Board publishes a decision regarding an agreement granting access to infrastructure (Vodafone / Superonline)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 (...)
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The Turkish Competition Board fines a company for obstructing an on-site inspection by cutting off the electricity and preventing internet access (Mosaş)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 (...)
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The Turkish Competition Board rejects exclusivity allegations against a packaged chips producer (Frito Lay)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”) (...)
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The Turkish Competition Board publishes a decision concerning resale prices and sales conditions of authorised dealers in the paint sector (Jotun Boya Sanayi / Ticaret AŞhad)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 (...)
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The Turkish Competition Board prohibits the publishing of price lists by two professional federations of translators and translation offices (TUÇEF / TURÇEF)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 (...)
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The Turkish Competition Authority concludes that a price comparison system for advertisers does not violate competition law (Yurddaş)Introduction The Turkish Competition Authority (“TCA”) has concluded its investigation against Diye Danışmanlık Eğitim ve Medya Hizmetleri Tic A.Ş.’s (“yurddaş + partners”) Media Barometer services. It is decided that Media Barometer, which is a media performance measurement service that includes a price (...)
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The Turkish Competition Board publishes its reasoned decision regarding anticompetitive practices in the Pharmacies sector and provides explanations on the calculation of the fine after its first decision was annulled on appeal (Turkish Pharmacists Association)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”). (...)
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The Turkish Competition Authority publishes revised Guidelines on vertical agreementsThe 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 (...)
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The Turkish Competition Board decides not to open an investigation against a company active in online sales of flowers, edible flowers and gifts following allegations of predatory pricing (Çiçek Sepeti)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”) (...)
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Douglas H. Ginsburg Liber Amicorum : An Antitrust Professor on the Bench Applying The Dynamic Competition Approach To Zero-Priced Markets307 Douglas H. Ginsburg | An Antitrust Professor on the BenchLiber Amicorum - Volume I Applying the Dynamic Competition Approach to Zero-Priced Markets gönEnç g ürkaynak Esra u çtu anil a Car * ELIG, Attorneys-at-Law Abstract This article examines competition law analysis on zero-priced markets (...)
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The Turkish Competition Board fines an electricity distributor and its subsidiary for abuse of dominance (Akdeniz Elektrik)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 (...)
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The Turkish Competition Board imposes administrative fine on an electricity distribution company and subsidiary for abusing their dominant positions (Akdeniz Elektrik Dağıtım / CK Akdeniz Elektrik Perakende Satış)The Competition Board (“Board”), in its decision dated 20.02.2018 and numbered 18-06/101-52 (“Decision”)[1], has imposed an administrative monetary fine on Akdeniz Elektrik Dağıtım A.Ş. (“Akdeniz EDAS”) and CK Akdeniz Elektrik Perakende Satış A.Ş. (“CK Akdeniz”) for abusing their dominant positions in (...)
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The Turkish Competition Board sends a written opinion for bringing a restraint through internet sales which exceeds objective of preventing the sales to be made by the non-authorized resellers (Jotun)This case note analyses the Turkish Competition Board’s (Board) JOTUN decision dated 15.02.2018 with No.18-05/74-40; regarding the prohibition of Internet Sales in selective distribution system. In the recently published reasoned decision of JOTUN case, it is stated that in the selective (...)
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The Tenth Administrative Court of Ankara annuls the decision of the Turkish Competition Authority in a case regarding concerted practices between cement producers on the ground that the required standard of proof was not met (GOLTAS Cement)The Turkish Competition Authority (“TCA”) had found that six cement producers operating in the Aegean Region of Turkey entered into a concerted practice to allocate certain geographical regions amongst themselves and to collectively raise the prices of cement products during the time period (...)
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The Turkish Competition Board concludes its preliminary investigation into possible abusive pricing policies in the furnishing sector (Doğtaş Kelebek Mobilya / Yataş Yorgan ve Yatak)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 (...)
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The Turkish Competition Board closes a pre-investigation on possible collusion on the construction sector and fines one undertaking for hindering on-the-spot inspection (Nuhoğlu)The Competition Board (“Board”), in its decision dated 21.12.2017 and numbered 17-42/669-297 (“Decision”), has imposed an administrative monetary fine on Nuhoğlu İnşaat Sanayi ve Ticaret A.Ş. (“Nuhoğlu”) for hindering on-the-spot inspections in accordance with Art. 16 (1) (d) of Act No. 4054 on the (...)
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The Turkish Competition Board updates its guidelines on vertical agreementsIntroduction A number of studies have been undertaken in order to revise the Guideline on Vertical Agreements ("Vertical Guideline") in line with the developments in the European Union legislation, as well as to address the needs in the relevant sectors. Following the workshop that was held on (...)
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The Turkish Competition Board prohibits a merger in the shipping market despite remedies offered by the merging parties (UN Ro-Ro / Ulusoy)The Competition Board (“Board”), in its decision dated 9.11.2017 and numbered 17-36/595-259 (“Decision”), has rejected the acquisition of the full shares of Ulusoy Deniz Taşımacılığı A.Ş., Ulusoy Gemi İşletmeleri A.Ş., Ulusoy Ro-Ro İşletmeleri A.Ş., Ulusoy Ro-Ro Yatırımları A.Ş., Ulusoy Gemi Acenteliği A.Ş., (...)
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The Turkish Competition Board revokes an individual exemption granted to a major player in the beer market over exclusive distribution agreements (Tuborg)The Turkish Competition Board’s (“Board”) decision dated 09.11.2017 and numbered 17-36/583-256 (“Decision on Revocation of the CPS Exemption”) reveals the changing structure of the Turkish beer market. With this decision, the Board revoked its individual exemption granted for the exclusive (...)
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Antitrust in Developing Countries: Competition Policy in a Politicized WorldAnnual Concurrences & NYU School of Law conference, with the support of Baker McKenzie, Charles River Associates, Compass Lexecon, ELIG Attorneys-at-Law, HFW, King & Wood Mallesons, and White & Case (Panel Sponsors) and MLex and PaRR (Media (...)
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The Turkish Competition Board publishes a decision following its preliminary investigation on alleged restrictive practices by an undertaking and its retailers in a wide range of sectors (Doğtaş Kelebek Mobilya / Yataş Yorgan ve Yatak San ve)Introduction On January 9 2018 the Competition Board published a reasoned decision dated September 27 2017 ( 1 7-30/487-211) 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 (...)
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The Turkish Competition Board concludes its ready-mixed concrete investigation with no fines (Çimbeton)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 (...)
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The Turkish Competition Board publishes its reasoned decision on the preliminary investigation on the allegations that a white goods manufactuer restricted online sales of its dealers (BSH)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 (...)
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The Turkish Competition Authority decides that a worldwide manufacturer of luxury sunglasses abused its dominant position by granting rebates and resorting to other exclusionary practices (Luxottica)This case note analyses the decision of the Turkish Competition Authority (TCA) in which it has decided that the worldwide manufacturer of luxury sunglasses, Luxottica, abused its dominant position it held in the market for the wholesale of branded sunglasses by its rebate schemes which include (...)
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The Turkish Competition Board fines an undertaking for hindering an on-site inspection (Çekok Gıda)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 (...)
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The Turkish Competition Authority rejects the complaint that the recommendation of some vehicle tracking system providers vis-à-vis others by the Union of Road Transporters Association violates the competition act (Mobiliz)This case note analyses the decision of the Turkish Competition Authority (TCA) in which it has decided that the recommendation of some vehicle tracking system providers vis-à-vis others in a letter drafted by the Union of Road Transporters Association in Ankara (Association) and sent to its (...)
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The Turkish Competition Authority is to clarify the methods for determining whether the pricing is excessive (Sahibinden.com)I. Introduction Turkey, being under the obligation to harmonise its laws with the EU rules, naturally draws lessons from the European Commission’s practice and Court of Justice of the EU (CJEU)’s precedents. The recent judgement of the in AKKA/LAA case clarifying the methods for determining (...)
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The Turkish Competition Authority finds no evidence on exclusionary practices by incumbents against a new entrant in the market for meal cards (Metropal)This case note analyses the decision of the Turkish Competition Authority (TCA) in which it has rejected the complaint due to lack of evidence that the incumbent undertakings in the market for meal cards collectively resorted to certain exclusionary practices upon the entry into market of the (...)
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The Turkish Competition Board publishes the new block exemption for vertical agreements in the motor vehicle sectorIntroduction 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 (...)
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The Turkish Competition Board publishes an amendment on mergers and acquisitions rulesCommunique 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 (...)
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The Turkish Competition Authority publishes its Motor Vehicles Sector Report and a New Block Exemption Communiqué on Vertical Agreements in Motor Vehicles SectorIntroduction The motor vehicles sector is one of the biggest sectors in today’s world, and it has enormous impact in a variety of associated sectors, such as iron and steel, light metals, petrochemical, tire, plastics, tourism, and transportation. The automotive industry is one of the major (...)
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The Turkish Competition Board concludes its investigation against an online booking platform (Booking.com)Introduction The Competition Board (“Board”) concluded its investigation with regard to the booking services provided by Booking.com B.V. (“Booking.com”) and by Bookingdotcom Destek Hizmetleri Limited Liability Company. During its investigation, the Board has evaluated whether Articles 4 and 6 of (...)
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The Turkish High State Court annuls the Competition Board’s decision concerning parallel export restrictions in a vertical agreement (Roche / Corena)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 (...)
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The Turkish Competition Board publishes a reasoned decision on pharmaceutical industry (Pharmacists’ Association)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 (...)
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The Turkish Competition Board publishes its reasoned decision on the investigation conducted against upon allegations of resale price fixing on the auto gas market (Aygaz)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 (...)
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The Turkish Competition Board imposes administrative monetary fine on an expo centre operator for abuse of dominance through refusal to deal (Congresium)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 (...)
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The Turkish Competition Authority decides that recommending the use of a certain engine oil brand in authorised service centres does not amount to a vertical restraint (Castrol / Dogus Oto)This case note analyses the decision of the Turkish Competition Authority (TCA) in which it has decided that recommending the use of only Castrol branded engine oils in service centres authorised by Volkswagen and Dogus Oto, coupled with the practice of voiding the manufacturer’s warranty for (...)
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The Turkish Competition Board investigates electricity suppliers and distributors (Akdeniz EDAS / CLK / Ak Den)The Competition Board (“Board”) in its decision dated 19.07.2016 and numbered 116-24/407-M (“Investigation”) has decided to open an investigation against electricity supplier and distributor companies, Akdeniz Elektrik Dağıtım A.Ş., CLK Akdeniz Elektrik Perakende Satış A.Ş. and Ak Den Enerji Dağıtım (...)
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