ACTECON (Istanbul)

Bahadır Balkı

ACTECON (Istanbul)
Managing Partner

Bahadır Balkı is the managing partner of ACTECON based in Istanbul. He graduated from the University of Bahcesehir and holds an LLM degree in the field of European economic law from Saarland University – Europa-Institut. He is currently pursuing his Ph.D. education on European Union Law. Bahadır is an admitted lawyer of the Istanbul Bar Association. Bahadır is known for his excellent work discipline together with his intriguing and effective defenses. In the last ten years, he has been involved in virtually every significant cartel and abuse of dominance investigations launched by the Turkish Competition Authority concerning insurance, banking, iron&steel, automotive, cement, telecommunications, broadcasting rights, ro-ro transportation, FMCG, alcoholic beverages, media audit, port services etc. Clients have also benefited from Bahadır’s extensive experience in global merger cases, especially in Phase II procedures, in a variety of industries (i.e. eyewear and lenses, titanium dioxide, crop protection business, iron&steel, FMCG, ground handling, aviation, port management services, ro-ro transportation, cement, movie theatre). Beyond successfully leading the leniency applications, Bahadır’s experience is above the rest in terms of leniency enforcement. He contributed to the creation of the first precedent in the Turkish competition law practice in which a leniency applicant (represented by Bahadır Balkı) still obtained the immunity even if the nature of the violation is not considered a hard-core cartel by the Turkish Competition Authority. He conducts comprehensive competition compliance programs focusing on details of the relevant market structure and provides legal consultancy services on day-to-day business for his clients who come from a wide range of industries. He is regarded as a pragmatic and client-focused advisor connected to the business facts. He is acknowledged and welcomed by other institutions in the area of antitrust law. He was invited to the ICN Annual Meeting 2014 as a resource person on Remedies, Commitments, and Cooperation. He was also a member of drafting team for ICN Unilateral Conduct Workbook chapters on Loyalty Rebates and Discounts, and Tying. He is also a co-writer of the Turkey Chapters of editions on “Private Antitrust Litigation” (since 2015) and “Competition Compliance” (since 2017) published by Getting the Deal Through. He is one of the guest lecturers in LLM competition law courses at Istanbul Bilgi University. Bahadır is recommended as a leading individual by Who’s Who Legal : Competition (2015-present).

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ACTECON (Istanbul)
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9665 Bulletin

Bahadır Balkı, Nabi Can Acar The Turkish Competition Authority fines a tech entrepreneur for failure to notify the acquisition of a major social media company (Elon Musk / Twitter)


The Turkish Competition Authority Fines Elon Musk due to Failure to Notify the Twitter Deal* On 06.03.2023, the Turkish Competition Authority (’TCA”) announced its decision to fine Elon Musk due to failure to notify the $44 billion deal to acquire Twitter. The TCA’s reasoned decision is not (...)

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)


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 (...)

Bahadır Balkı, Erdem Aktekin, Nabi Can Acar, Helin Yüksel, Mehmet Mikail Demir, Seda Eliri The Turkish Competition Authority shares a Draft Amendment to the key national competition legislation which would enable greater oversight of digital markets


Introduction This blogpost will give an overview on the draft amendment (the “Draft Amendment”) to the Law No. 4054 on the Protection of Competition (the “Law No. 4054”). The key points of the Draft Amendment concern : Introducing definitions of core platform services into the Law No. 4054 (...)

Bahadır Balkı, Erdem Aktekin, Nabi Can Acar, Helin Yüksel The Turkish Competition Authority takes a wide interpretation of the “Technology Undertaking” exception applicable to merger control thresholds (Berkshire Hathaway)


The interpretation of the exemption brought for “technology undertakings” took a sudden turn with the Turkish Competition Authority’s (“TCA”) recent Berkshire Hathaway Decision (15.09.2022, 22-42/625-261) which resolved that the exception brought to the merger control thresholds by the recent (...)

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


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 (...)

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)


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 (...)

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)


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 (...)

Bahadır Balkı, Baran Can Yıldırım, Celal Duruhan Aydinli The Turkish Competition Authority initiates its first pandemic related investigation against 29 undertakings operating in the different levels of food and cleaning/hygiene products market and announces that it will investigate the pricing behaviors


The Turkish Competition Authority (“TCA”) on March 23, 2020 gave its heads up to undertakings that it was “closely following the price increases”, which it referred to as “opportunistic” during the pandemic . As such, the TCA warned in its announcement that it will impose the highest fines (...)

Bahadır Balkı, Ayberk Kurt, Alper Karafil The Turkish Competition Authority investigates RPM allegations against the leading energy drink company and decides to close its in-depth investigation without imposing any administrative fines (Red Bull)


In 21 April 2020, the Turkish Competition Authority (“TCA”) published its reasoned decision on resale price maintenance and de facto exclusivity conducts focusing on the practices carried by Red Bull Gıda Dağıtım ve Pazarlama Tic. Ltd. Şti. (“Red Bull”) Resale price maintenance and (...)

Bahadır Balkı, Fırat Eğrilmez, Seniha Irem Akin The Turkish Act No. 7244 introduces a new regulatory authority to battle the effects of the Covid-19 crisis on economic and social life in Turkey


How Will Turkey Deal with Unfair Practices During COVID-19 Outbreak : Establishment of the Unfair Price Assessment Board* Introduction While the world is dealing with novel coronavirus pandemic, many countries resorted to protectionist measures in order to preserve the quality of social (...)

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)


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. (...)

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)


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, Baran Can Yıldırım, Celal Duruhan Aydinli The Turkish Competition Authority asserts jurisdiction over an agreement by 47 transportation companies to fix the wages of the truck drivers


Turkish Competition Authority Reiterates : Labor Market is Subject to Competition Law Enforcement* Anti-competitive practices in the labor markets have generally not been on the radar of the competition watchdogs. Given the increase in the number of cases dealing with the labor markets (...)

Bahadır Balkı, Nabi Can Acar, Burak Buğrahan Sezer The Turkish Competition Authority concludes preliminary inquiry into a Big Tech’s shopping unit bidding mechanism and takes decision not to proceed to full fledged investigation (Google)


TCA’s Preliminary Inquiry into Google’s Shopping Unit Bidding Mechanism On 07.11.2019, the Turkish Competition Authority (“TCA”) concluded its preliminary inquiry regarding Google’s bidding system and decided not to initiate a full-fledged investigation. Said preliminary inquiry had been (...)

Bahadır Balkı, Nabi Can Acar, Burak Buğrahan Sezer The Spanish Competition Authority initiates second-phase examination in connection with an acquisition of a white cement production base (Çimsa / Cemex)


Çimsa Çimento ve San. ve Tic. A.Ş. (“ Çimsa ”), a Turkey based international cement manufacturer has made a notification to the National Commission on Markets and Competition (“ CNMC ” in Spanish) on 05.06.2019 for its agreement with CEMEX S.A.B. de C.V (“ Cemex ”), aimed to purchase Cemex’s (...)

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)


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 (...)

Bahadır Balkı The Turkish Competition Authority holds that online sales channels exert competitive pressure on traditional sales channels (Doğan Müzik Kitap Mağazacılık ve Pazarlama)


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 (...)

Bahadır Balkı, Ertuğrul Can Canbolat The Turkish Competition Authority announces the conclusion of its preliminary inquiry and finds no price fixing in the baby food products 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 (...)

Bahadır Balkı The Tenth Administrative Court of Ankara annuls the decision of the Turkish Competition Authority in a case regarding concerted practices between cement producers because the 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 (...)

Bahadır Balkı, Nabi Can Acar, Burak Buğrahan Sezer The Turkish Competition Authority fines an undertaking for abusing its dominant position via implementing exclusionary MFC clauses in its agreements (Yemeksepeti)


With the developments in online services, our habits in everyday life has been changing rapidly. Nowadays, one can cater any of its needs via websites or simple smartphone apps instantly. And all these developments have also been reflected its effects on maybe one of our most common and (...)

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