Ercüment Erdem

Introduction In its decision numbered 18-33/556-274 and dated 19.09.2018 (“Decision”) the Turkish Competition Board (“Board”) has evaluated the resale price maintenance allegations against Türk Henkel Kimya Sanayi ve Ticaret A.Ş. (“Henkel”). This Decision is of critical importance, since it (...)

Introduction Decision numbered 18-09/157-77 and dated 29.03.2018 (“Decision”) of the Turkish Competition Board (“Board”) is critical with respect to evidence that has been obtained in on-the-spot investigations, because this is the first decision in which the Board had taken WhatsApp (...)

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 (...)

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 (...)

Introduction 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 (...)

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 (...)

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 (...)

Introduction 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 (...)

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 (...)

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 (...)

The FMCG Sector The fast-moving consumer goods (“FMCG”) sector is one of the largest industries worldwide. The FMCG retail is an indispensable part of the product distribution chain, and it plays a key role in price-making and the producers’ reaching the final consumer in all steps of the (...)

Background In its decision dated 01.06.2016 and numbered 16-19/311-140 (“Decision”), the Turkish Competition Board (“Board”) evaluated the acquisition of SABMiller plc’s (“SAB Miller”) control by Anheuser-Busch InBev (“ABI”) (“Transaction”) and granted unconditional approval to the (...)

The Competition Board (“Board”) in its decision dated 02.12.2015 and numbered 15-42/687-244 (“Decision”) analyzed the notification of a transaction, which requires the authorization of the Board in order to gain validity pursuant to Art. 7 of the Act on the Protection of Competition dated (...)

The Competition Board (“Board”) has granted individual exemption to the Media Rights Agreement (“Agreement”) signed by and between Turkish Basketball Federation (“TBF”) and Krea İçerik Hizmetleri ve Prodüksiyon A.Ş. (“Digiturk”) in accordance with Art. 5 of Act on the Protection of Competition (...)

The Competition Board (“Board”) has rejected the acquisition of the full shares of Beta Marina Liman ve Çekek İşletmesi A.Ş. (“Beta Marina”) and Pendik Turizm Marina Yat ve Çekek İşletmesi A.Ş. (“Pendik Turizm”) by Setur Servis Turistik A.Ş. (“Setur”) in accordance with Art. 7 of Act No. 4054 (...)

The Competition Board (“Board”) analyzed in its decision dated 25.06.2014 and numbered 2014-1-47 (“Decision”) that, whether (1) the establishment of a joint venture entitled Anayurt Kömür Madencilik Sanayi ve Ticaret A.Ş. (“Anayurt”) is in compliance with Art. 7 of the Act on the Protection (...)

A Draft Act (“Draft Act”) to amend the Act on the Protection of Competition No. 4054 (“Competition Act”), which entered into force by being published in the Official Gazette dated 13.12.1994 and numbered 22140, was submitted to the Presidency of the Grand National Assembly of Turkey on (...)

Article 16 entitled “Administrative Fine” of the Act on the Protection of Competition No. 4054 (“Competition Act”) regulates fines for undertakings, associations of undertakings and employees and/or administrators of such undertakings or associations of undertakings, who engage in (...)

The Turkish Competition Board (“Board’’) authorized the acquisition of 51% of the shares of Sırmagrup İçecek Sanayi ve Ticaret A.Ş. (“Sırma’’) by Danone SA (“Danone’’), since this transaction does not create a dominant position or strengthen an existing dominant position in the relevant (...)

The Communiqué on the Procedures and Principles to be Pursued in Pre-Notifications and Authorization Applications to be Filed with the Competition Authority in order for Acquisitions via Privatization to Become Legally Valid No. 1998/4 (“Communiqué No. 1998/4”), in force for fifteen years, was (...)

The Competition Board (“Board”) decided in its decision dated 06.12.2012 and numbered 12-62/1633-598 that Kale Kilit ve Kalıp Sanayi Anonim Şirketi (“Kale Kilit”) did not carry the characteristics of abuse with its predatory pricing practices and discount systems, and therefore decided not to (...)

The exchange of information between competitors is not regulated under Turkish law. This subject was recently handled within the Guidelines Project on the Application of Articles 4 and 5 of the Act No. 4054 on the Protection of Competition in Horizontal Cooperation Agreements (“Guidelines”). (...)

The Competition Board (the "Board") decided that Unilever Sanayi ve Ticaret Türk A.Ş. ("Unilever") does not abuse its dominant position by refusing to sell ice cream branded "Algida" at certain points of sale and thus, deemed it unnecessary to open an investigation. Undertaking Subject to (...)

The Communiqué No. 2012/2 on Complaint Procedure Relating to Competition Infringements (the "Communiqué No. 2012/2") entered into force upon its publication in the Official Gazette dated August 23, 2012 and numbered 28390. The Communiqué was issued in order to determine the procedures and (...)

The Competition Board (the “Board”) has unconditionally authorized the acquisition of the control over the Hard Disk Drive (“HDD”) of Samsung Electronics Co. Ltd. (“Samsung”) by Seagate Electonics PLC (“Seagate” ; “Samsung” and “Seagate” hereinafter referred to as the “Parties”) by concluding (...)

The Competition Board (the “Board”) decided that integrated circuit implementation in cartridges branded Xerox does not create an abuse of dominant position as stated in Article 6 of the Act No. 4054 on the Protection of Competition (the “Competition Act”) since this system does not prevent (...)

The Competition Board (the “Board”) authorized, under Act No. 4054 on the Protection of Competition numbered 4054 (the “Competition Act”) and the Communiqué No : 2010/4 Concerning the Mergers and Acquisitions Calling for the Authorization of the Competition Board (the “Merger Communiqué”), the (...)

The Guidelines for Undertakings Concerned, Turnover and Ancillary Restraints in Mergers and Acquisitions (the “Guidelines”) which was published in the official website of the Competition Authority on June 27, 2011, was prepared with a view to facilitate the enforcement of the Communiqué No. (...)

The Competition Board (the “Board”) has unconditionally authorized the acquisition of control of Bulgari S.p.A. (“Bulgari”) by LVMH Moét Hennessy - Louis Vuitton (“LVMH” ; “Bulgari” and “LVMH” hereinafter referred to as the “Parties”) since the transaction would not result in creating a (...)

The Fast Moving Consumer Goods (“FMCG”) Retail Sector has progressed a lot in recent years through minor acquisitions. These minor acquisitions, also known as creeping acquisitions, are slow-going / unobtrusive acquisitions. As a matter of fact, in that sector, a conglomerate, in lieu of (...)

The Competition Board (the “Board”) conducted an investigation and decided that Akbank T.A.S. (“Akbank”), Denizbank A.S. (“Denizbank”), Finans Bank A.S. (“Finans Bank”), Turkiye Garanti Bankasi A.S. (“Garanti Bankasi”), Turkiye Halk Bankasi A.S. (“Halk Bank”), Turkiye Is Bankasi A.S. (“Is (...)

The Communiqué Concerning the Mergers and Acquisitions Calling for the Authorization of the Competition Board (“the Communiqué”) which entered into force on January 1st, 2011, brought a legal basis to the commitment and conditional authorization institution. Following the publication of the (...)

The Competition Board (« Board ») evaluated the complaints against Fer Mas raised by a private service alleging that Fer Mas infringed effective competition by refusing to provide the requested spare parts. I. The parties and the allegations The complainant is a private service company (...)

Article 7/1 of the Act on the Protection of Competition No. 4054 (the « Competition Act ») prohibits mergers or acquisitions of undertakings with a view to creating a dominant position or strengthening a dominant position which would result in significant lessening of competition in a market (...)

The Competition Board (“Board”) authorized the acquisition of Burgaz Alcoholic Beverages Commercial and Economic Union (“Burgaz”) which the Saving Deposit Insurance Fund offered for sale by Mey Içki Sanayi ve Ticaret A.Ş. (“Mey”) under certain conditions. The summarized decision (“Decision”) (...)

A Draft Communiqué (the “Draft Communiqué”) was prepared with a view to replace the Communiqué n° 1997/1 on the Mergers and Acquisitions Calling for the Authorization of the Competition Board (the “Communiqué n° 1997/1” or the “Communiqué”) which had been prepared on the basis of the (...)

Regulation on Fines to Apply in Cases of Agreements, Concerted Practices and Decisions Limiting Competition, and Abuse of Dominant Position (the “Regulation on Fines” or the “Regulation”) has entered into force through publication in the Official Gazette dated 15.02.2009 and numbered 27142. (...)

Two complaints were lodged against DiaSA by its franchisees alleging that the provisions and application of DiaSA’s franchise agreements are in violation of the Act on Protection of Competition Numbered 4054 (“Competition Act”). The Competition Board (“CB”) examined the price and non-compete (...)

The Competition Board (“CB”), at its discretion, sentenced nine leading undertakings, namely Abalıoglu, Banvit, Beypi, CP, Erpilic, Keskinoglu, Pak Tavuk, Seker Pilic and Sen Pilic to pay a fine of 0.8% of their gross income as accrued at the end of the year 2008. Moreover, the CB had (...)

The Turkish Competition Board (“CB” or “Board”) authorised the acquisition by the Army Solidarity Institution (OYAK) of the shares in Lafarge Aslan Çimento A.Ş. (“Lafarge Aslan”), Lafarge Ereğli Çimento San. ve Tic. A.Ş. (“Lafarge Ereğli”) and Lafarge Beton A.Ş. (“Lafarge Beton”) and (...)

The Turkish Competition Board (“CB”), in its decision numbered 09-31/678-159, dated July 1st, 2009, authorized the acquisition of Chrysler LLC (“Chrysler”) by Fiat S.p.A (“Fiat”), which has taken over all the activities of the Chrysler Group. Operation The acquisition is twofold : (...)

Pursuant to Article 5 of the Act for the Protection of Competition numbered 4054 (“Competition Act”), the Turkish Competition Board (“CB”) has the authority to issue communiqués granting block exemptions to agreements which fulfill certain conditions. The CB has issued a Block Exemption (...)

In the decision n° 09-09/186-56 dated 5/3/2009, published as a summary in Competition Authority’s website, the Competition Board has examined the distributorship agreement between Pol-Pet Petrol and M-Oil and the usufruct right agreement connected with this distributorship agreement. The Board (...)

The Competition Board, by its decision No. 09-09/186-56, dated 05 March 2009, reviewed the distribution agreement and the related usufruct agreement between Pol-Pet Petrol Ürünleri Tur. Konaklama ve Din Tesisleri Ltd. Şti. and M-Oil, and decided that the parties can benefit from an exemption (...)

The Turkish Competition Board (hereinafter referred to as “CB”) had re-evaluated the allegations about the abuse of dominant position by Roche Mustahzarları A.S. (hereinafter referred to as “Roche”), upon the annulment decision of the 13th Chamber of the State Council numbered 31.03.2008 and (...)

In its decision dated 12 June 2008 and numbered 08-39/513-188, Turkish Competition Board (hereinafter referred as “Board”) unconditionally cleared the creation of a joint venture between Goldman Sachs International Bank (hereinafter referred as “Goldman Sachs”) and TAV Yatýrým Holding A.Þ. by (...)

The Turkish Competition Board (hereinafter referred to as the “CB”) in its decision numbered 08-23/237-75, dated March 19, 2008 granted conditional authorization for the acquisition of the sole control of Bagımsız Gazeteciler Yayıncılık A.S. and Kemer Yayıncılık ve Gazetecilik A.S. (...)

The Turkish Competition Authority (hereinafter referred as “Authority”) has recently adopted the “Guidelines on the Definition of Relevant Market” (hereinafter referred as “Notice”) on the basis of the European Commission Notice on the definition of relevant market for the purposes of (...)

The Turkish Competition Authority (hereinafter referred as “Authority”) has recently adopted a communiqué entitled as “Communiqué on the Block Exemption Related to the Technology Transfer Agreements” (hereinafter referred as “Communiqué”) numbered 2008/2 on the basis of the European Commission (...)

The Turkish Competition Authority (hereinafter referred as "Authority") has recently adopted "Guidelines on Certain Subcontracting Agreements between Non-Competitors" (hereinafter referred as "Guideline"). Guideline is based on the European Commission Notice of 18 December 1978 concerning its (...)

By its decision dated 11 January 2007, the Turkish Competition Board (hereinafter referred as “CB”) granted authorization regarding the assignment of the operational rights of Antalya Gazipaºa Airportthrough renting all facilities, equipment and systems in its current borders, for a period of (...)

By its decision dated 10 September 2007, the Turkish Competition Board (hereinafter referred as “CB”) revoked the block exemption granted to distribution contracts of Coca-Cola Turkey (hereinafter referred as “CCI”) in take-home and on-premise channels in relation to the carbonated soft drinks (...)

The Draft Law to amend the Law on the Protection of Competition (the “Law”) which was published in the Official Gazette n° 22140 dated 19 December 1994 and which became effective as of said date was submitted to the Presidency of the Grand National Assembly of Turkey on 23 June 2008. What is (...)

In its decision dated 11 July 2007, Turkish Competition Board (“CB”) examined the acquisition by Linde Gaz A.S. (“Linde”) affiliate of a worldwide company Linde A.G of Birlesik Oksijen Sanayi A.S (“BOS”) affiliate of KOÇ Group ; upon the compliant of Air Liquide alleging that by this (...)

By its decision dated 5 June 2007, the Turkish Competition Board (Hereafter “CB”) examined the allegations of a glassware retail shop, Solmaz Mercan (“SM” or “Complainant”) stating that Anadolu Cam is violating Article 6 of the Act on the Protection of Competition n° 4054 (“Act n° 4054”) by (...)

Following the recent developments in Turkish economy, investment growth has been boosted by a series of financial reforms liberalization of regulations within Turkish market. Thus, there has been a wave of major mergers and acquisitions in Turkey during last decade. The domestic and (...)

By a decision dated 11 January 2007, the Turkish Competition Board (Hereafter “CB”) held that the international chips producer Frito Lay’s hand terminal system is prohibiting the distributors from determining the resale prices and therefore can not be considered in the scope of the Block (...)

In its decision dated 12 February 2002, the Turkish Competition Board (Hereafter “CB”) unconditionally cleared the acquisition by Eliokem Holding SAS (Hereafter “Eliokem”), under the control of Littlejohn Fund II, L.P. (Hereafter “Littlejohn”), of Goodyear Chemicals Europe (Hereafter “GCE”). (...)

Sources Constitution of the Republic of Turkey Act on the Protection of Competition, adopted on December 7th,1994 ; Official Gazette of December 13th, 1994, n° 22140 Grounds for the Act on the Protection of Competition Turkish Competition Authority (Rekabet Kuruma) Competition (...)