Turkish Antitrust

General antitrust

The Turkish Competition Authority publishes the preliminary report on the e-marketplace sector inquiry
ACTECON (Istanbul)
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ACTECON (Istanbul)
Recent developments in digitalization have triggered the Turkish Competition Authority (“TCA”) to scrutinize more closely e-marketplace business models. The TCA has carried out a sector inquiry on e-marketplaces for this purpose and a preliminary report (“Report”) has been published on the official (...)

The Turkish Competition Authority announces its decision to launch a fully-fledged investigation against 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 (...)

The Turkish Competition Authority publishes a decision ruling that state owned financial entities are under the Same Economic Unity (Gunes Sigorta / Vakifbank)
ACTECON (Istanbul)
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ACTECON (Istanbul)
On 9 December 2020, the Turkish Competition Authority (“TCA”) published a reasoned decision concerning an individual exemption application regarding two bancassurance agreements signed between (i) Güneş Sigorta A.Ş. (“Güneş Sigorta”) and Türkiye Vakıflar Bankası T.A.O. (“Vakıfbank”), (ii) Vakıf Emeklilik (...)

The Turkish Competition Authority publishes guidelines on 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 Turkish Competition Authority (“ TCA ”) recently published its Guidelines on Examination of Digital Data during On-site Inspections (“ Guidelines ”), which set forth the general principles with respect to the examination, processing and storage of data and documents held in the (...)

The Turkish Competition Authority publishes guidelines on the examination of digital data during on-site inspections
Erdem & Erdem (Istanbul)
Introduction Article 15 of Law on the Protection of Competition numbered 4054 (“Law”) authorizes the Competition Authority (“Authority”) to conduct on-site inspections at the undertakings’ premises if deemed necessary in carrying out the duties assigned to it by the Law. Pursuant to the relevant (...)

The Turkish Competition Authority launches a sector inquiry into the e-marketplace platforms
Turkish Competition Authority (Ankara)
Competition Board launched a Sector Inquiry concerning E-Marketplace Platforms (11.8.2020)* According to the Competition Board decision dated 11.06.2020 and numbered 20-28/353-M, a sector inquiry concerning e-marketplace platforms has been launched. E-marketplace platforms are among important (...)

The Turkish Competition Authority publishes its revised Guidelines on vertical agreements
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
The 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 (...)

Anticompetitive practices

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 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 fines auto expertise services providers for price fixing and supply cartel (Auto / Çözüm / Dyno Max...)
ACTECON (Istanbul)
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ACTECON (Istanbul)
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ACTECON (Istanbul)
On 17 December 2020, the Turkish Competition Authority (“TCA”) announced, on its website, the reasoned decision as a result of its investigation against certain auto expertise services providers in a province of Turkey (i.e. Gaziantep), unveiling a price fixing and supply cartel among the (...)

The Turkish Competition Authority finalizes its investigation conducted against six undertakings regarding price increases in the fertilizer industry, and provides a thorough analysis on the sector dynamics and the relevant market (Bagfaş / Ege / Gemlik / Gubretas / Igsas / Toros)
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)
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 Administrative Court annuls the Turkish Competition Board’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 no exemption to the envisaged selective distribution system of a pharmaceutical company (Johnson&Johnson)
ACTECON (Istanbul)
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ACTECON (Istanbul)
The Turkish Competition Board (“TCB“) has recently issued a no-go decision for the envisaged selective distribution system of Johnson&Johnson Sıh. Mal. San. ve Tic. Ltd. Şti. (“Johnson”). The decision concerns Johnson’s application before the Turkish Competition Authority (“TCA”) for an individual (...)

The Turkish Competition Authority grants individual exemption to 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 fines financial institutions for not responding to information requests (Citibank / Goldman Sachs / ING Bank / JPMorgan / Türkiye Garanti Bankası)
ACTECON (Istanbul)
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ACTECON (Istanbul)
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Esin (Istanbul)
No Excuses to Not Responding to Information Requests: Financial Institutions Case in Turkey* The issuance of requests for information (“RFIs”) within the scope of an investigation or a merger control case can be deemed one of the main tools that enables, on the one hand, a competition authority (...)

The Turkish Competition Authority fines banks and financial institutions for not providing information and documents (JPMorgan / ING / Citibank / Goldman Sachs / Türkiye Garanti Bankası)
Erdem & Erdem (Istanbul)
Introduction In the recently published decisions of the Competition Board ("Board"), it is observed that undertakings were fined due to the fact that requested information and documents were not provided at all, or were provided incompletely. The most interesting of these decisions is the (...)

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 behaviours Free
ACTECON (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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Esin (Istanbul)
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 allowed by (...)

The Turkish Competition Authority investigates RPM allegations against leading energy drink company and decides to close its in-depth investigation without imposing any administrative fines (Red Bull)
ACTECON (Istanbul)
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ACTECON (Istanbul)
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ACTECON (Istanbul)
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 exclusionary (...)

The Turkish Competition Authority imposes a fine on a manufacturer and seller of heating systems for vertically restraining its distributors’ freedom in the market through distribution agreements (Baymak)
Erdem & Erdem (Istanbul)
Introduction The Turkish Competition Board’s (“Board”) recent decision dated 26.03.2020 numbered 20-16/232-113 regarding Baymak Makina San. ve Tic. A.Ş. (“Baymak”) holds significant importance as it contains a detailed analysis regarding numerous vertical restraint types. Background Baymak is a (...)

The Turkish Competition Authority imposes administrative monetary 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 engaging in horizontal infringements and cartels (Coşkunlar / Irgatoğlu / Sorgun Emek / Tamer...)
Erdem & Erdem (Istanbul)
Introduction The Turkish Competition Board’s (“Board”) recent decision dated 19.03.2020 and numbered 20-15/215-107 regarding the ready mix concrete producers in the Yozgat region, including Coşkunlar Hazır Beton İnş. Taah. San. ve Tic. A.Ş. (“Coşkunlar”), Irgatoğlu Hazır Beton Nak. San. ve Tic. Ltd. (...)

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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ELIG Gürkaynak Attorneys-at-Law (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 Turkish Competition Authority imposes record fine on four major players operating in the fuel distribution sector (Shell / BP / OPET / PO)
ACTECON (Istanbul)
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ACTECON (Istanbul)
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ACTECON (Istanbul)
Introduction In March 2020, the Turkish Competition Authority (“TCA”) imposed a hefty fine amounting to approximately TRY 1.5 billion in total (approx. EUR 170 million) on four undertakings operating in the fuel distribution sector, namely BP Petrolleri A.Ş. (“BP”), OPET Petrolcülük A.Ş. (“OPET”), (...)

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 fines a Dutch company for obstructing parallel trade to Turkish energy solution market (Arti Marin / Mastervolt)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ACTECON (Istanbul)
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ACTECON (Istanbul)
Introduction On 29.01.2020, Turkish Competition Authority (“TCA”) announced its final decision (“Final Decision”) concerning the investigation conducted against Artı Marin Mobil Enerji Sistemleri Inc. (“Artı Marin”) and Mastervolt International Holding BV (“Mastervolt”), a Netherlands based energy (...)

The Turkish Competition Authority issues an opinion letter regarding its preliminary investigation of a manufacturer of ceramic and granite product for restricting active and passive sales of its dealers outside their territory and for forcing consumers to purchase its 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 Ankara Regional Administrative Court annuls the lower Court’s decision due to the claimant’s lack of capacity to sue in a case alleging resale price maintenance in the market for cereals and legumes (Duru Bulgur)
ACTECON (Istanbul)
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ACTECON (Istanbul)
Capacity to Sue of Consumers Whose Interests Are Affected Was Held Under the Microscope of the Administrative Courts in Turkey* The issue of the “appropriate claimant” or the capacity to sue always comes into question at the stage of the judicial review of the decisions of the competition (...)

The Turkish Competition Authority investigates an alleged anticompetitive agreement in the e-commerce sector for having implemented vertical restraints (Hepsiburada / Anka Mobil)
Erdem & Erdem (Istanbul)
Introduction With its decision dated 10.07.2019 and numbered 19-22/326-M, the Turkish Competition Board (“Board”) launched a formal investigation against D-Market Elektronik Hizmetleri ve Ticaret A.Ş. (“Hepsiburada”) and Anka Mobil Tedarik A.Ş. (“Anka Mobil”) to determine whether the relevant (...)

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 initiales a full-fledged investigation on the Turkish poultry sector and concludes that sector specific justifications are not enough to prevent violations (BESDBIR)
Balcıoğlu Selçuk Akman Keki (BASEAK)
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Balcıoğlu Selçuk Akman Keki (BASEAK) (Istanbul)
ASSESSMENT OF INFORMATION EXCHANGE FINES UNDER TURKISH COMPETITION LAW REGIME: SECTOR SPECIFIC JUSTIFICATIONS MAY NOT BE ENOUGH TO PREVENT THE VIOLATIONS !* Competition law, at its core, is a case law based practice. The natural habitat of enforcement for competition rules is the consolidation (...)

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)
ACTECON (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ACTECON (Istanbul)
The Turkish Competition Authority (“TCA”) has concluded its full-fledged investigation regarding a total of 20 undertakings operating in the poultry sector. In its decision dated 13.03.2019 and numbered 19-12/155-70, the TCA held that the following 9 undertakings violated Article 4 of the Law No. (...)

The Turkish Competition Authority persists in its assessment concerning exclusivity practices of a company dealership agreements concerning 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. (...)

The Ankara 7th Administrative Court annuls the Turkish Competition Authority’s dismissal decision regarding the restriction of parallel imports allegations faced by a company in the market of energy systems (Mastervolt / Eltesan)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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”), (...)

The Turkish Competition Authority determines whether members of the guard rails and road safety systems have violated article 4 of the Law No. 4054 on the Protection of Competition through collusive tendering and bid rigging (Çelik Otokorkuluk)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
This case note analyses the Turkish Competition Board’s (“Board”) decision of 22 November 2018 numbered 18-44/702-344 in which the Board assessed the allegations that several undertakings–which are all active in the steel guardrail sector in Turkey and members of the Turkish Association of Steel (...)

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)
ACTECON (Istanbul)
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ACTECON (Istanbul)
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 (...)

The Turkish Competition Authority publishes a decision on export bans in the pharmaceutical sector (Roche)
ACTECON (Istanbul)
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 (...)

The Turkish Competition Authority assesses the resale price maintenance allegations and imposes an administrative monetary fine in the beauty care sector (Henkel)
Erdem & Erdem (Istanbul)
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 provides (...)

The Turkish Competition Authority publishes a decision regarding an agreement granting access to infrastructure and support services between two telecom companies (Vodafone / Superonline)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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 (...)

The Turkish Competition Authority prohibits the publishing of price lists by two professional federations of translators and translation offices (TUÇEF / TURÇEF)
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”) 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 (...)

The Turkish Competition Authority concludes that a price comparison system for advertisers does not violate competition law (Yurddaş)
ACTECON (Istanbul)
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 (...)

The Turkish Competition Authority provides explanations on the calculation of the fine after its first decision was annulled on appeal in the pharmaceutical sector (Turkish Pharmacists Association)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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”). (...)

The Turkish Competition Board launches a formal investigation to determine if undertakings have engaged in a price fixing agreement based on evidences collected in an on-the-spot inspection (Ortosistem / Medifarm / Benlioğlu Dental / Eksen / Medikodental / Uysal / Dnt / MD / Modern Ortodonti)
Erdem & Erdem (Istanbul)
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 Turkish Competition Authority 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)
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 (“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”) (...)

The Turkish Competition Authority issues a written opinion on bringing a restraint through internet sales that exceed the objective of preventing the sales to be made by the non-authorized resellers (Jotun Boya Sanayi / Ticaret AŞhad)
Turkish Competition Authority (Ankara)
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 (...)

The Turkish Competition Authority publishes a decision concerning resale prices and sales conditions of authorised dealers in the paint sector (Jotun Boya Sanayi / Ticaret AŞhad)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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 (...)

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)
ACTECON (Istanbul)
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 (...)

The Turkish Competition Board revokes an individual exemption granted to a major player in the beer market over exclusive distribution agreements (Tuborg)
Erdem & Erdem (Istanbul)
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 (...)

The Turkish Competition Authority concludes its preliminary investigation into possible abusive pricing policies in the furnishing sector (Doğtaş Kelebek Mobilya / Yataş Yorgan ve Yatak)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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 (...)

The Turkish Competition Authority publishes its reasoned decision regarding the preliminary investigation on the allegations that a white goods manufacturer restricted the online sales of its dealers (BSH)
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”) 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 (...)

The Turkish Competition Authority concludes its investigation into ready-mixed concrete companies engaging in allegedly concerted practices and decides not to impose any administrative fines (Çimbeton)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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 (...)

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)
Ankara Hacı Bayram Veli University (Ankara)
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 (...)

The Turkish Competition Authority finds no evidence on exclusionary practices by incumbents against a new entrant in the market for meal cards (Metropal)
Ankara Hacı Bayram Veli University (Ankara)
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 (...)

The Turkish Competition Authority publishes its motor vehicles sector report and a block exemption communication on vertical agreements in the motor vehicles market
Erdem & Erdem (Istanbul)
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 (...)

The Turkish Competition Authority publishes block exemption for vertical agreements in the motor vehicle sector
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Introduction 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 (...)

The Turkish Competition Board concludes its investigation against an online booking platform (Booking.com)
Erdem & Erdem (Istanbul)
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 (...)

The Turkish High State Court annuls the Competition Authority’s decision concerning parallel export restrictions in a vertical agreement (Roche / Corena)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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 (...)

The Turkish Competition Authority publishes its reasoned decision on the investigations conducted upon the allegation of resale price fixing in the auto gas market (Aygaz)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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 (...)

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)
Ankara Hacı Bayram Veli University (Ankara)
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 (...)

The Turkish Competition Authority grants individual exemption to an agreement signed on broadcasting rights (Turkish Basketball Federation / Digiturk)
Erdem & Erdem (Istanbul)
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 No. 4054 (...)

The Turkish Council of State annuls the decision of the Competition Authority which dismissed the complaint at the preliminary inquiry stage without evaluating the information that showed the collusion (Pegas / Anex / Tez / Odeon Tours)
Queen Mary University (London)
This case comment analyses the judgment of the Turkish Council of State in which it has annulled the decision of the Turkish Competition Authority that rejects the complaint of a rival at the stage of preliminary inquiry without assessing the evidence demonstrating the collusion between four (...)

The Turkish Competition Authority closes the investigation it launched ex officio into consumer electronics suppliers and retailers for exchange of information (Samsung / Gold)
Ankara Hacı Bayram Veli University (Ankara)
This case note analyses the decision of the Turkish Competition Authority (TCA) in which it has decided that consumer electronics suppliers and retailers did not restrict competition by exchanging information with regard to price increases and decreases. Background Opened ex officio, the (...)

The Turkish Competition Authority fines private teaching institutions for forming a cartel to fix fees and discount rates (Tokat Dershaneleri)
Ankara Hacı Bayram Veli University (Ankara)
This case note analyses the decision of the Turkish Competition Authority (TCA) in which it has fined five private teaching institutions operating in the city of Tokat on the grounds that they formed a cartel to fix fees and limit discount rates for their services between the years 2009 and (...)

The Ankara Administrative Court rules that the Fining Guidelines of the Turkish Competition Authority violate the hierarchy of norms in the Turkish legal system (MPS Metal/Bekap Metal)
Ankara Hacı Bayram Veli University (Ankara)
This study analyses the judgment of the Ankara Administrative Court in which it has annulled the decision of Turkish Competition Authority (TCA) to impose fines on MPS Metal and Bekap Metal for bid rigging, price coordination and exchange of information in the market for packaging steel straps (...)

The Turkish Prime Minister sends a draft competition law piece of legislation to the Parliament
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Long-awaited amendments to the Law on Protection of Competition No. 4054 ("Competition Law") became a hot topic when the Turkish Parliament announced that the draft law containing the amendments ("Draft Law") was officially added to the drafts and proposals list. The Prime Ministry sent the (...)

The Turkish Competition Authority finds that the optimum price system of the multinational producer of hygiene, health, and home care products does not amount to resale price maintenance, but its non-competition clauses do not benefit from a block exemption (Reckitt Benckiser)
Ankara Hacı Bayram Veli University (Ankara)
This study analyses the decision of the Turkish Competition Authority (TCA) in which it has decided that optimum price system of the multinational producer of hygiene, health and home care products, Reckitt Benckiser, did not amount to resale price maintenance, but its non-competition clauses (...)

The Turkish Competition Authority releases its Horizontal Agreements Guidelines and Communication on Specialization Agreements, thus aligning its acquis to the EU competition regime
Enerjisa (Istanbul)
Guidelines on Horizontal Cooperation Agreements are released* TCB released the long-awaited Guidelines on Horizontal Cooperation Agreements (Horizontal Agreements Guidelines) and the Block Exemption Communiqué Concerning Specialization Agreementson 26 June 2013. The Horizontal Agreement (...)

The Turkish Competition Authority closes the investigation launched ex officio into alleged resale price maintenance of the market leader LPG distribution company (AYGAZ)
Ankara Hacı Bayram Veli University (Ankara)
This study analyses the decision of the Turkish Competition Authority (TCA) in which it has closed the investigation it launched ex officio into alleged resale price maintenance of the market leader LPG distribution company, AYGAZ, due to a lack of appreciable effect on competition in the LPG (...)

The Turkish Competition Authority imposes the highest fine ever against twelve banks for collusion in the cash deposit, credit and credit card services markets (Akbank / Turkiye Garanti Bankasi / Garanti Odeme Sistemleri)
GlaxoSmithKline (Istanbul)
The Turkish Competition Board (the "TCB") recently concluded an investigation against 12 major banks operating in Turkey and imposed a total fine of TL 1.1 billion (approximately EUR 475 million). This is the highest fine ever imposed by the TCB. The investigation was initiated following (...)

The Turkish Competition Board grants individual and group exemptions to leading soft drinks company regarding its wholesale distribution contracts in Turkey (Coca Cola)
Kinstellar (Istanbul)
A. Introduction On 7 March 2013, the Turkish Competition Board (the “Board”) concluded a preliminary investigation concerning Coca Cola Satış ve Dağıtım A.Ş. (“Coca Cola”) as a result of the application filed by the Özbağ Meşrubat Gıda Pazarlama Dağıtım Taşımacılık San. ve Tic. Ltd. Şti. (“Complainant”). (...)

The Turkish Competition Authority announces its long-awaited decision regarding imposition of fines on major banks for concerted practices in relation to credit card fees and interest rates for deposits (Akbank and Others)
Turkish Competition Authority (Ankara)
TCA Hits Banks With Record Fines* In Friday evening (8 March 2013), after the closing of stock exchange, the TCA has announced its long-awaited decision regarding major banks of Turkey. The TCA hits 12 major banks with record fines totalling 1,11 billion Turkish liras (around 480 million (...)

The Turkish Competition Authority announces some of the most common anti-competitive practices in the bread industry based on its experience and informs bread manufacturers about the competition rules that are to be complied with in the relevant market
Ankara Hacı Bayram Veli University (Ankara)
This study analyses the announcement of the Turkish Competition Authority (TCA) in which it has informed bread manufacturers about the competition rules that are to be complied with in the industry and made it clear that some practices that are common among bread manufacturers across Turkey, (...)

The Turkish Competition Board submits to public consultation a draft guidelines relating to horizontal cooperation agreements including the exchange of information between competitors
Erdem & Erdem (Istanbul)
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 Turkish Competition Authority imposes fines on automobile dealers for fixing prices on the market for sales of new cars and after-sales service (Toyota dealers)
Turkish Competition Authority (Ankara)
The TCA Fined Toyota Dealers* According to the press release published yesterday (23 November 2012), the TCA imposed fines on nine Toyota dealers that are active in Istanbul. Total amount of the fines is 3.942.906,72 TL about 1.714.000 Euros. It was held by the TCA that infringement was (...)

The Turkish Competition Authority imposes fines on two undertakings for bid-rigging, price-fixing, and information sharing on the steel straps market (Steel Straps Cartel)
Turkish Competition Authority (Ankara)
TCA Fined Steel Straps Producers* According to the press release published today, Turkish Competition Authority (the TCA) imposed fines on two undertakings for bid-rigging, price-fixing, and information sharing on steel straps market. Although the details of the case has not been publicized (...)

The Turkish Competition Authority warns driving schools not to form cartels
Ankara Hacı Bayram Veli University (Ankara)
This study analyses the press release of the Turkish Competition Authority (TCA) in which it has warned driving schools not to infringe Article 4 of the Act on the Protection of Competition 1994 (the Act) by fixing the prices and discount rates for driving courses, sharing markets and trainees, (...)

The Turkish Competition Authority decides that the match-fixing activities of football clubs are outside the scope of Turkish competition legislation (The Turkish Football Clubs)
GlaxoSmithKline (Istanbul)
The Turkish Competition Board (the “Board”) recently (on 21 June 2012) made public its reasoned decision (the “Decision”) on the match-fixing activities of some of Turkey’s football clubs, a scandal that has gripped the Turkish public since last year. In contradiction of the claims of the third (...)

The Turkish Competition Authority applies leniency in a case dealing with anticompetitive cooperation agreements in the air transport sector (SunExpress / Condor)
Ankara Hacı Bayram Veli University (Ankara)
This study analyses the decision of the Turkish Competition Authority (TCA) in which it has granted total immunity to SunExpress and reduced the amount of fine of Condor by 50 percent, after SunExpress applied for leniency and disclosed the existence of the agreements it signed with Condor (...)

The Turkish Competition Authority fines €33 million for anti-competitive agreement and concerted practices between 8 banks regarding "gentlemen’s agreement" (Akbank / Denizbank / Finans Bank / Türkiye Garanti Bankasi)
Hewlett Packard (Istanbul)
I. Background Turkish Competition Authority (TCA) concluded its investigation in banking industry regarding “gentlemen’s agreement” between 8 banks. The investigation has been launched in August 2009, and hearing before the Competition Board took place on March 1, 2011. The short version of the (...)

The Turkish Competition Authority imposes heavy fines on banking cartel (Akbank / Denizbank / Finans Bank / Turkiye Garanti Bankasi)
Erdem & Erdem (Istanbul)
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 Bankasi”), (...)

The Turkish Competition Authority decides not to launch an in-depth investigation into a cartel-like joint-venture formed by three manufacturers in the school uniform market (Okulcu)
Ankara Hacı Bayram Veli University (Ankara)
This study analyses the decision of the Turkish Competition Authority (TCA) in which it has decided that a company formed by three manufacturers of school uniforms could not be regarded as a joint-venture, nor could it be given an individual exemption. Although the formation of the company was (...)

The Turkish Competition Authority adopts guidelines on regulation of fines slightly different from EU Law
Erdem & Erdem (Istanbul)
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. The (...)

The Turkish Competition Authority investigates price-fixing and non-compete provisions in franchising agreements (DiaSA / Complaining Franchisees)
Erdem & Erdem (Istanbul)
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 Turkish Competition Board publishes a guide to vertical agreements
Erdem & Erdem (Istanbul)
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 Communiqué (...)

The Turkish Competition Board grants the benefit of the vertical agreement block exemption Communiqué to a distribution agreement and the related usufruct agreement in the liquid fuel sector (Pol Pet / M-Oil)
Erdem & Erdem (Istanbul)
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 whose (...)

The Turkish Competition Authority bans long term agreement in fuel distribution sector (Pol-Pet Petrol / M-Oil)
Erdem & Erdem (Istanbul)
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 Turkish Competition Authority requests a car manufacturer to amend the non-qualitative criterion of its authorized service agreement and the use of equipment to prevent discrimination between existing and new authorized providers (Renault Trucks Turkiye Ticaret)
Derman Düren Akol (Istanbul)
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European Bank for Reconstruction and Development (London)
,
Çiğdemtekin Dora Aranci (Istanbul)
The Turkish Competition Board evaluates the authorized service agreement and the practices of the manufacturer Renault Trucks Turkiye Ticaret A.S. under (i) Article 3, 5, 6 of the Block Exemption Communiqué n° 2005/4 on Vertical Agreements and Concerted Practices in the Motor Vehicle Sector with (...)

The Turkish Competition Authority’s member of the board expresses a dissenting opinion about the legality of the fines imposed according to the fining regulations
Turkish Competition Authority (Ankara)
Stories on the Fining Regulation (1): Can Anyone Spot The Difference?* The story begins in January 2008 by the amendments made to the Competition Act. These amendments mainly contain the inclusion of the leniency and the possibility of imposition of fines on individuals. Apart from that, the (...)

The Turkish Competition Authority introduces a new fining regime in order to enhance the effectiveness of competition law enforcement
Turkish Competition Authority (Ankara)
Stories on the Fining Regulation (2): A New Hope?* In the episode IV of the epic movie Star Wars, Luke Skywalker shows up to restore justice in the galaxy before all hopes are wiped out by the tyrannical Darth Vader, formerly known as Anakin Skywalker who is the father of Luke. At this point, (...)

The Turkish Competition Authority decides that a price-fixing agreement between bread manufacturers does not appreciably restrict competition (Bergama Firincilari)
Ankara Hacı Bayram Veli University (Ankara)
This study analyses the decision of the Turkish Competition Authority (TCA) in which it has decided that a price-fixing agreement, which was entered into by twelve small- and medium-sized bread manufacturers in a small town in the West of Turkey, did not appreciably restrict competition even (...)

The Turkish Competition Authority confirms lack of anticompetitive conduct in the bio-tech pharmaceuticals market despite evidence of bid rigging brought by criminal proceedings (Roche)
University of Leeds
The Turkish Competition Board (TCB) confirmed its previous finding of lack of anticompetitive conduct by Roche in the bio-tech pharmaceuticals market in Turkey. The decision of the TCB comes after its original decision being annulled by the Council of State for not having taken into (...)

The Turkish Competition Authority rules that the block exemption on vertical agreements applies to a vertical agreement containing hard-core restraints (Sinan Erdoðan / Lido Su)
Derman Düren Akol (Istanbul)
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European Bank for Reconstruction and Development (London)
Sinan Erdoðan (the “Distributor”) applied on 23 May 2008 to the Turkish Competition Board (the “Board”) alleging that the distribution agreement (the “Distribution Agreement”) entered into with Lido Su and Gýda San. Tic. A.Þ. (“Lido Su”) in October 2006 regarding the resale of spring water in (...)

The Turkish Competition Board grants individual exemption to an exclusive distribution agreement (GlaxoSmithKline / Pfizer)
University of Leeds
In an interesting decision on 20 June 2008, the Turkish Competition Board (TCB) has granted an individual exemption to an exclusive distribution agreement between GlaxoSmithKline Pharmaceuticals Co. and Pfizer Pharmaceuticals Ltd after refusing to grant negative clearance to the agreement under (...)

The Turkish Competition Authority confirms fine on only one cartel member for price fixing in the ready mixed concrete market (Lafarge)
University of Leeds
The Turkish Competition Board (TCB) has confirmed the fine it had levied on a single member of a cartel in the ready mixed concrete market in the Marmara region in a recent decision. The original decision which seems to have caused controversy within the TCB - the dissenting opinions of the (...)

The Turkish Competition Authority adopts block exemption guidelines on technology transfer agreements on the basis of EC Reg. N° 772/2004
Erdem & Erdem (Istanbul)
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 confirms that the geographical scope of an ancillary restraint should be limited to the “area of operation of the seller before the transaction and its natural sales hinterland" (Cementeire Aldo Barbetti / Çimko)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
In Turkey, non-compete obligations may be evaluated under the scope of “agreements that restrict competition” or “abusive conducts of dominant undertakings” (Article 4 and 6 of Law No. 4054 on Protection of Competition (“Law No. 4054”), akin to Article 101 and 102 of TFEU, respectively). However, (...)

The Turkish Competition Authority holds that a distribution agreement between a chips producer and distributors contains prohibited resale price maintenance (Frito Lay)
Erdem & Erdem (Istanbul)
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 Exemption (...)

The Turkish Competition Board fines 485 000 € a cement company for price fixing (Lafarge)
Jones Day (Paris)
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Gide Loyrette Nouel (Istanbul)
Pursuant to Article 4 of the Law on the Protection of Competition n° 4054 (“Competition Law” ; See Ercüment Erdem, “Overview on Turkish Competition Law”, e-Competitions, February 2007-I, n° 13152), agreements and concerted practices of the undertakings and decisions and practices of the associations (...)

Unilateral Practices

The Turkish Competition Authority closes an investigation against an alcohol manufacturer for an alleged abuse of dominance in respect of the non 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 renders decisions setting the bar for the standard of proof for abuse of dominance (Sahibinden.com) (Enerjisa)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
,
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
,
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 on exclusionary practises in the healthcare sector (Siemens)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
,
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
,
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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 Ankara Administrative Court upholds the fines imposed by the Competition Authority on two electricity sales companies for abuse of dominance and annuls it for a third company (RESCs / AYEDAŞ)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
,
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
,
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 the allegations of an 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)
,
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 Ankara Regional Administrative Court annuls the Turkish Competition Authority’s decision that concluded a violation but no fine because the same action and subject had already previously been fined (Mey İçki)
ACTECON (Istanbul)
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ACTECON (Istanbul)
,
ACTECON (Istanbul)
The Regional Administrative Court Found the Turkish Competition Authority’s Decision concerning Mey İçki Unlawful: Abuse of the Dominance Should Be Evaluated Separately in terms of Each Product Market!* Introduction The Ankara Regional Administrative Court’s 8th Administrative Chamber (“Regional (...)

The Turkish Competition Authority makes a statement as to the developments in the prices in the food market during the COVID-19 outbreak Free
Erdem & Erdem (Istanbul)
An important statement is made by the Competition Authority (“Authority”) regarding the recent developments in the prices in the food market through the public announcement dated 23 March 2020 and published in the Authority’s web site. In the announcement, it is stated that excessive increase in (...)

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)
,
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 warns it will impose the most serious administrative fines on food sellers who charged excessive prices during the COVID-19 pandemic Free
Turkish Competition Authority (Ankara)
PUBLIC ANNOUNCEMENT* It is observed that in our food market, especially in the market for fresh vegetables and fruits, there are extreme price increases in an opportunist manner nowadays, while we are facing with global COVID-19 outbreak. Being granted the power to protect consumer welfare (...)

The Turkish Competition Authority fines €13 million a Big Tech company for excluding its competitors in shopping comparison services (Google)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
On May 27, 2020, the Turkish Competition Authority (“TCA”) published its Google Shopping Decision (13.02.2020, 20-10/119-69) whereby it imposed an administrative fine amounting to approx. EUR 13 million on Google for hindering the activities of its competitors in the “shopping comparison services (...)

The Turkish Competition Authority imposes remedies on a tech giant which accepts to remove the display of its shopping unit (Google)
ACTECON (Istanbul)
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ACTECON (Istanbul)
On 29th of July, Google announced that starting from 10 th of August, it will be removing shopping ads (or “the Shopping Unit” as referred by the TCA as well as by the EU Commission) from its search pages in Turkey. According to the tech giant, the decision was taken because of the uncertainties (...)

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)
,
ELIG Gürkaynak Attorneys-at-Law (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 Competition Authority publishes its first investigation concerning abuse of dominance by a standard essential patent holder (Philips)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Turkish Competition Authority’s (“TCA”) Philips Decision (26.12.2019, 19-46/790-344 – published on 27.05.2020) is quite significant as it is the first time that the TCA examined the conducts of a Standard Essential Patent (“SEP”) holder within the scope of Article 6 of the Act No. 4054 on the (...)

The Ankara Administrative Court annuls a Competition Authority’s decision assessing excessive pricing in the online market and provides guidance on the standard of proof to be followed by the Authority (Sahibinden.com)
ACTECON (Istanbul)
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ACTECON (Istanbul)
The standard of proof plays a significant role during the process of the investigations performed within the framework of the competition law. However, no explicit provision regarding the standard of proof which shall be taken as basis in the preliminary and full-fledged investigations carried (...)

The Turkish Administrative Court annuls the fining decision of the Competition Authority because it failed to meet the required standards for establishing a competition law infringement based on excessive pricing (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 the previously imposed obligations (Google)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
,
ELIG Gürkaynak Attorneys-at-Law (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 Competition Authority experts impose administrative fines on undertakings in order to ensure the protection of competition (Google)
Erdem & Erdem (Istanbul)
Introduction The Law on Protection of Competition (“Law No. 4054”) outlines the Competition Board’s (“Board”) and the Competition Authority’s experts’ powers while implementing their duties to ensure the protection of competition. Accordingly, Law No. 4054 imposes several types of administrative (...)

The Ankara Administrative Court annuls a decision of the Competition Authority in the electronic communication sector due to the incomplete examination (Dogan / Cisco)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
,
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 launches an investigation into a search engine company for alleged abuse of dominance in the online search market (Google)
Ankara Hacı Bayram Veli University (Ankara)
Background Competition authorities all over the world, including the European Commission, German, French, Italian and Indian competition authorities, have launched many investigations against the well-known online search engine company Google, many of which ended with imposition of huge (...)

The Turkish Competition Authority finds that a distributor and aftersales service provider of cancer diagnosis and treatment devices abused its dominant position through excessive pricing and refusal to supply (Radontek Medikal / Duzey)
ACTECON (Istanbul)
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On 1 February 2019, Turkish Competition Authority (“TCA”) published its reasoned decision regarding the full-fledged investigation conducted against Radontek Medikal İthalat İhracat San. ve Tic. Ltd. Şti. (“Radontek Medikal”) upon a complaint submitted to the TCA by Düzey Tıbbi Sistemler Bilgisayar ve (...)

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

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

The Turkish Competition Authority fines a consumer electronics company for resale price maintenance in online sales (Sony)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
,
ACTECON (Istanbul)
,
ACTECON (Istanbul)
Turkish Competition Authority (“TCA”) published its reasoned decision which concludes the investigation that was initiated on September 7, 2017 regarding the activities of Sony Eurasia Pazarlama A.Ş. (“Sony”). The main focus of the investigation was the allegations with respect to violation of Law (...)

The Turkish Competition Authority fines an electronics company for resale price maintenance on its online sales channels (Sony)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
,
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
This case summary includes an analysis of the Turkish Competition Board’s (the “Board”) Sony decision (22.11.2018; 18-44/703-345) in which the Board evaluated the allegations concerning resale price maintenance (“RPM”) against Sony Eurasia Pazarlama A.Ş. (“Sony”) upon complaint of a former distributor (...)

The Turkish Competition Authority fines a consumer electronics company for resale price maintenance in its online sales (Sony)
ACTECON (Istanbul)
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 (...)

The Turkish Competition Authority fines an online platform service provider for excessive pricing (Sahibinden.com)
Boğaziçi University (Istanbul)
,
ACTECON (Istanbul)
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 (...)

The Turkish Court of Ankara annuls a decision of the Competition Authority which contains controversial issues such as market power provided by digital platforms and excessive pricing (Sahibinden.com)
Erdem & Erdem (Istanbul)
Introduction Decision numbered 2019/946 E., 2019/2625 K. of the 6 th Administrative Court of Ankara (“Annulment Decision”) is critical since it has annulled the Competition Authority's (“Authority”) Sahibinden.com Decision numbered 18-36/584-285 and dated 01.10.2018 (“Sahibinden Decision”) 1 , (...)

The Turkish Competition Authority finds that a real estate and vehicle sales online platform abused its dominant position through implementing excessive prices (Sahibinden.com)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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 (...)

The Turkish Competition Authority follows the EU Commission’s footsteps in the search engines’ battles (Google)
ACTECON (Istanbul)
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 (...)

The Turkish Competition Authority finds the bundled sales of a telecommunication company not to be anti-competitive (TTNET)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
,
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
,
ACTECON (Istanbul)
Turkish Competition Authority to Shape the Future of Multi-Play Services in Telecommunication Industry [TTNET] INTRODUCTION On 21 December 2018, Turkish Competition Authority (“TCA”) published its decision regarding the investigation conducted against TTNET A.Ş. (“TTNET”), the leading internet (...)

The Turkish Competition Authority fines a company for abuse of dominant position in the electricity sector (Enerjisa)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
This case note analyses the Turkish Competition Board’s (“Board”) recently published Enerjisa decision of 8 August 2018 numbered 18-27/461-224 in which the Board assessed whether Enerjisa and its subsidiaries, all active in the electricity sector in Turkey, violated Article 6 of Law No. 4054 (...)

The Turkish Competition Authority rejects exclusivity allegations against a packaged chips producer (Frito Lay)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
,
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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”) (...)

The Turkish Competition Authority imposes an administrative fine on an electricity distribution company and subsidiary for abusing their dominant positions (Akdeniz Elektrik Dağıtım / CK Akdeniz Elektrik Perakende Satış)
Erdem & Erdem (Istanbul)
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 (...)

The Turkish Competition Authority fines an electricity distributor and its subsidiary for abuse of dominance (Akdeniz Elektrik)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
,
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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 (...)

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)
Ankara Hacı Bayram Veli University (Ankara)
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 (...)

The Turkish Competition Authority is to clarify the methods for determining whether the pricing is excessive (Sahibinden.com)
Boğaziçi University (Istanbul)
,
ACTECON (Istanbul)
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 (...)

The Turkish Competition Authority publishes a reasoned decision on the pharmaceutical industry (Pharmacists Association)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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 (...)

The Turkish Competition Authority imposes administrative monetary fine on an expo centre operator for abuse of dominance through refusal to deal (Congresium)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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 (...)

The Turkish Competition Board investigates electricity suppliers and distributors (Akdeniz EDAS / CLK / Ak Den)
Erdem & Erdem (Istanbul)
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 (...)

The Turkish Competition Authority fines an undertaking for abusing its dominant position via implementing exclusionary MFC clauses in its agreements (Yemeksepeti)
ACTECON (Istanbul)
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ACTECON (Istanbul)
,
ACTECON (Istanbul)
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 (...)

The Turkish Competition Authority fines a company for false and misleading information (Türk Telekom)
Turkish Competition Authority (Ankara)
Turkish Competition Authority started an investigation regarding the price squeeze allegations against Türk Telekom in 2014. At the end of the investigation, it is concluded that behaviour of Türk Telekom did not infringe competition rules . However the TCA fined Türk Telekom for provision of (...)

The Turkish Competition Authority takes legal action against an undertaking for abuse of dominance and restrictive agreements (Soda Sanayii)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Introduction On April 20 2016 the Turkish Competition Board published reasoned Decision 16-14/205-89, following its preliminary investigation into allegations that Soda Sanayii AŞ had violated: Article 6 of Law 4054 on the Protection of Competition by abusing its dominant position in the basic (...)

The Turkish Competition Authority concludes that a turnover rebate system does not constitute an abuse of dominance in the fuel wholesale market (Tüpraş / Ader)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
,
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
This case note analyses the Turkish Competition Board’s (“Board”) TÜPRAŞ decision of 16.03.2016, No. 16-10/159-70. The Board reviewed the allegations of abuse put forward by Akaryakıt Ana Dağıtım Şirketleri Derneği (“ADER”) against Türkiye Petrol Rafinerileri A.Ş. (“TÜPRAŞ”). TÜPRAŞ allegedly abused its (...)

The Turkish Competition Authority rejects the complaint that agreements between a major IT company and several OEMs on the exclusive pre-installation of mobile apps infringed competition rules (Yandex / Google)
Ankara Hacı Bayram Veli University (Ankara)
This case note analyses the decision of the Turkish Competition Authority (TCA) in which it has rejected the complaint of a rival IT company, Yandex, that agreements of a major IT company, Google, with a number of original equipment manufacturers (OEMs) on the exclusive pre-installation of its (...)

The Ankara Administrative Court annuls the decision of the Turkish Competition Authority which found that a refusal to deal did not amount to an abuse of dominance (Congresium ATO)
Ankara Hacı Bayram Veli University (Ankara)
This case note analyses the decision of the Ankara Administrative Court in which it has annulled the decision of Turkish Competition Authority (TCA) to reject the complaint that Congresium ATO abused its dominant position by refusing to organise a furniture and decoration fair in its convention (...)

The Turkish Competition Authority closes its investigation into an electricity distribution and retail company for increasing the switching costs for eligible customers and impeding the opportunities of competitors (Ayedas)
Ankara Hacı Bayram Veli University (Ankara)
This case note analyses the decision of the Turkish Competition Authority (TCA) in which it has closed the investigation it launched into an electricity retail sale company, AYESAS, for unilaterally including most of the eligible customers into its own portfolio without signing an agreement (...)

The Turkish Competition Authority fines sole oil refiner for abusing its dominance by pricing and contractual practices (Tüpraş)
Enerjisa (Istanbul)
Turkey’s “largest industrial enterprise” Tüpras hit with record fine for abuse of dominance* According to Turkish Competition Authority’s (TCA) press release (English version will be added as published) the Turkish Petroleum Rafineries Co. (Tüpraş), the largest enterprise in Turkey was fined by the (...)

The Turkish Competition Authority fines an ex-state-owned oil refinery for abusing its dominant position by charging excessive prices and imposing unfair trading conditions (Tüpraş)
Ankara Hacı Bayram Veli University (Ankara)
This study analyses the decision of the Turkish Competition Authority (TCA) in which it has decided that the ex-state-owned oil refinery, TUPRAS, abused its dominant position by charging excessive prices contrary to its tariffs for a period of three months and by imposing unfair trading (...)

The Turkish Competition Authority rules that leading GSM operator abused its dominant position in the GSM services used in vehicle tracking services by complicating its competitors’ activities via exclusive practices (Turkcell)
Enerjisa (Istanbul)
Leading GSM operator Turkcell fined TL 40 million for abuse of dominance as Council of State annulled the previous decision* According to the Turkish Competition Authority’s (TCA) press release, Turkcell, the leading GSM operator in Turkey, was fined approximately TL 40 million (USD 20 (...)

The Ankara Administrative Court annuls the decision of the TCA which rejected the alleged predatory pricing and abuse of regulatory procedures of the national flag carrier airline of Turkey (Turkish Airlines / Pegasus)
Ankara Hacı Bayram Veli University (Ankara)
This study analyses the decision of the Ankara Administrative Court in which it has annulled the decision of Turkish Competition Authority (TCA) to reject the allegations that Turkish Airlines engaged in predatory pricing and abused regulatory procedures in the market for domestic and (...)

The Turkish Competition Authority fines a telecom company, suspected of abusing its dominant position, for obstructing the inspection of its business premises during an ongoing investigation (TTNET)
Queen Mary University (London)
I. BACKGROUND TTNET is the Turkey’s largest broadband provider and a subsidiary of Turk Telekom Group. The Turkish Competition Authority (TCA) had started proceedings due to the complaints received against TTNET. These complaints focused on two main allegations. As such were, on the one hand, (...)

The Turkish Competition Board decides that a mechanical door lock manufacturer did not abuse its dominant position through various pricing practices (Kale Kilit)
Erdem & Erdem (Istanbul)
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 impose (...)

The Turkish Competition Board decides that there is no abuse of dominant position in the ice-cream-market (Unilever Sanayi ve Ticaret Türk)
Erdem & Erdem (Istanbul)
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 Turkish Competition Authority rejects the claims of predatory pricing and abuse of regulatory procedures in the market for domestic and international flights (Turkish Airlines / Pegasus)
Ankara Hacı Bayram Veli University (Ankara)
This study analyses the decision of the Turkish Competition Authority (TCA) in which it has rejected the claims that Turkish Airlines engaged in predatory pricing and abused regulatory procedures in the market for domestic and international flights with a view to driving one of its competitor, (...)

The Turkish Competition Board rules that the tying arrangements on cartridges implemented by leading printers manufacturer does not constitute an abuse of dominant position (Xerox)
Erdem & Erdem (Istanbul)
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 Turkish Competition Authority evaluates allegations against luxury car manufacturers for refusing to provide spare parts (Fer Mas Oto Ticaret / Ferrari / Maserati / Aston Martin / Porsche)
Erdem & Erdem (Istanbul)
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 providing (...)

The Turkish Competition Authority imposes €17,3 M fine on the incumbent telecommunications operator for its abusive practices in GSM and mobile marketing services market (Turkcell)
Hewlett Packard (Istanbul)
Procedure After the completion of its investigation dated 09 October 2008, the NCA announced the short version of its final decision on 30 December 2009. Turkcell has been accused of abusing its dominant position in GSM services market via exclusive cooperation agreements in mobile marketing (...)

The Turkish Competition Authority closes investigation into a state-owned intercity coach station for refusing to allocate a slot to a private coach company (KISOT)
Ankara Hacı Bayram Veli University (Ankara)
This study analyses the decision of the Turkish Competition Authority (TCA) in which it has closed its abuse of dominance investigation into the state-owned Kirikkale intercity coach station (KISOT) after six months from its previous cease-and-desist order to halt potentially abusive refusal to (...)

The Turkish Competition Authority fines a glass company for selective price-cutting (Anadolu Cam)
Ankara Hacı Bayram Veli University (Ankara)
This study focuses on the decision of the Turkish Competition Authority ("TCA") regarding Anadolu Cam, who was found to have abused its dominant position on the industrial glass packaging market by bidding selective prices in a tender in order to drive the new entrant Marmara Cam out of the (...)

The Turkish Competition Authority finds no exclusionary conduct on the market for on-screen cinema advertising despite exclusivity contracts of the dominant undertaking (Fida)
University of Leeds
The Turkish Competition Authority (TCA) has acted on a complaint alleging that Fida Film Production Distribution and Advertising Corporation (Fida Film) has entered into exclusivity agreements with all major cinema companies and foreclosed 80% of the market with these, rendering the (...)

The Turkish Competition Authority rejects a consumer complaint on the excessiveness of airport parking fees (Ankara Esenboga Airport)
University of Leeds
The Turkish Competition Authority (TCA) has rejected a consumer complaint alleging that the car park fees at the only airport in the capital (Ankara Esenboga Airport) are excessive. The case arose out of a consumer complaining to the TCA after having parked his vehicle at the airport car park (...)

The Turkish Competition Authority finds that a price beating guarantee given to consumers by a supermarket falls outside competition law (Carrefour)
University of Leeds
Acting on complaints, the Turkish Competition Board (TCB) found that the advertising campaign of Carrefour SA (Carrefour Group Turkey) which gives consumers a price guarantee, promising to refund ten times the difference if they find the same product they purchased at Carrefour SA at a cheaper (...)

The Turkish Competition Authority re-evaluates a complaint of abuse of dominant position in the pharmaceutical sector upon the annulment of the State Council’s decision (Roche)
Erdem & Erdem (Istanbul)
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 (...)

The Turkish Competition Authority orders termination of loyalty-enhancing bonus schemes with travel agents (Amadeus)
University of Leeds
The Turkish Competition Board (TCB) has ordered Amadeus Reservation Distribution Systems Co (Amadeus) to terminate the use of a contract clause regarding loyalty-enhancing bonus schemes found in agreements with certain travel agents. According to the contract clause, the travel agents had to (...)

The Turkish Competition Authority rejects a consumer complaint alleging restriction of competition on the market for PC operating systems and application software (Duzgit / HP / Teknosa / Penta)
University of Leeds
On 8 November 2007 the Turkish Competition Board (TCB) rejected a complaint by a consumer alleging the restriction of competition on the Turkish market for PC Operating Systems (OSs) and application software. The complainant had alleged that the consumer’s request to install another OS onto the (...)

The Turkish Competition Authority revokes the block exemption granted to distribution contracts in the non-alcoholic beverages sector (Coca-Cola)
Erdem & Erdem (Istanbul)
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 Turkish Competition Authority takes interim measures against the telecommunications incumbent on alleged predatory pricing on internet broadband access without waiting for the telecommunications regulator’s opinion (TTNet A.S.)
Jones Day (Paris)
,
Gide Loyrette Nouel (Istanbul)
Pursuant to Article 6 of the Law on the Protection of Competition n° 4054 (the “Law”), abuse of dominant position is prohibited. It is forbidden, pursuant to paragraph (a) of Article 6 “to prevent, directly or indirectly, other undertakings in its area of commercial activities or practices which (...)

The Turkish Competition Authority holds as not abusive a refusal to supply in the glass market (Anadolu Cam)
Erdem & Erdem (Istanbul)
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 abusing (...)

The Turkish Competition Authority condemns the use of a software database encryption as an abuse of dominance (Bilsa)
Ankara Hacı Bayram Veli University (Ankara)
This study focuses on the decision of the Turkish Competition Authority (“TCA”) regarding Bilsa, who was found to have abused its dominant position on the market for school management software by the use of a software database encryption which made the user schools dependent to Bilsa’s products (...)

The Turkish Competition Authority fines a film distributor for abusive leveraging in film distribution and exhibition markets (Warner Bros Turkey)
Ankara Hacı Bayram Veli University (Ankara)
This study focuses on the ruling of the Turkish Competition Authority (“TCA”) regarding a “leverage” of Warner Bros Turkey, who was found to have abused its dominant position it has on film distribution market, in order to gain anticompetitive advantages on film exhibition market by determining the (...)

The Turkish Competition Board fines 5 M euro an abuse of dominant position by applying the “essential facility” doctrine in the energy distribution sector (Enerjisa and Toros / CEAS)
Jones Day (Paris)
By a decision held on February 8th, 2007, the Turkish Competition Board confirmed its legal analysis carried out in a previous decision held in 2003, relating to the behaviour of an operator managing an electricity distribution network. Such behaviour was found to constitute an abuse of (...)

The Turkish Competition Authority fines € 4 M the telecom incumbent for abusive exclusive practices on the mobile phone market (Turkcell)
Jones Day (Paris)
,
Gide Loyrette Nouel (Istanbul)
Pursuant to Article 6 of the Law on the Protection of Competition n° 4054 (the “Law”), abuse of dominant position is prohibited (For a restatement of Turkish Competition provisions, see Prof. Dr. Ercüment Erdem, Overview on Turkish Competition Law, e-Competitions, n° 13152). It is forbidden for (...)

Mergers

The Turkish Competition Authority publishes its merger & acquisitions overview report regarding its activities in terms of merger control in 2020
ACTECON (Istanbul)
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ACTECON (Istanbul)
,
ACTECON (Istanbul)
The Turkish Competition Authority’s (“TCA“) Mergers and Acquisitions Overview Report for 2020 (“Report“) has been published at the TCA’s official website on March 5, 2021. The Report provides an overview of the TCA’s activities in terms of merger control in 2020 and includes statistical information on (...)

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)
,
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
,
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)
,
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 acknowledges that market shares are not the sole indicators of market power and grants an unconditional clearance to an acquisition in the airline transport market (GA Akaryakıt / THY / Total / Zirve)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
,
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)
,
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 unconditionally approves an acquisition concluding that the parties, both controlled by state authorities of the People’s Republic of China, constitute separate entities (Tsinghua Tongfang / CNNC Capital)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
,
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 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)
,
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 approves the acquisition of a company active in the FinTech sector (PayU / İyzico)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
,
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)
,
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 upon a complaint received in the construction sector and concludes that the transactions are not subjected to an approval given that the jurisdictional turnover thresholds is not met (Akdağ Beton / Şenerler Beton / Saray Beton / Sarıkaya Beton / Üç Yıldırım)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
,
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)
,
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 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)
,
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 Turkish Competition Authority approves the acquisition of a manufacturing company subject to the commitments submitted to the EU Commission (Nidec / Embraco)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
,
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 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)
,
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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 (...)

The Turkish Competition Authority releases its Mergers and Acquisitions Overview Report for 2018
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
,
Boğaziçi University (Istanbul)
The 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 (...)

The Turkish Competition Authority approves the sole control acquisition of several resorts in the hospitality sector (MP Hotel)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
,
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
This case summary concerns an analysis of the Board’s MP Hotel decision, in which the Board evaluated the acquisition of sole control over the (i) Magic Life Water World Imperial (“ Magic Life ”) in Antalya, (ii) TUI Blue Marmaris (“ TUI ”) in Muğla, (iii) Bodrum Imperial in Muğla, and (iv) Alaçatı (...)

The Turkish Competition Authority fines meal card companies for their collusive behavior (Sodexo / Edenred / Network)
ACTECON (Istanbul)
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ACTECON (Istanbul)
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ACTECON (Istanbul)
Meal Card Companies under the TCA’s Scrutiny: From Full-Functionality to Collusion* Introduction In April 2019, the Turkish Competition Authority (“TCA”) released its reasoned decision, as a result of its full-fledged investigation concerning the practices of the companies that operate in the (...)

The Turkish Competition Authority assesses the creation of two separate joint ventures by four companies and decides that it is necessary for a merger control review to be completed (GE / Sumitomo / Shikoku / Sharjah / Projectco / O&MCO)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
The Turkish Competition Board (" Board ") assessed the creation of two separate JVs by General Electric Company (" GE "), Sumitomo Corporation (" Sumitomo "), Shikoku Electric (" Shikoku "), and Sharjah Asset Management Holding (“ Sharjah ”) for the wholesale trade of electric and the generation (...)

The Turkish Competition Authority does not fine the notifying party for providing misleading information and approves the acquisition (Jacobs Group / Kasap Family / Jacobs TR)
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 Jacobs decision, in which the Board evaluated the notification submitted by Jacobs TR, regarding the transaction by and between Jacobs Group, Kasap Family and Jacobs TR, a wholly owned subsidiary of Jacobs Group, which intended to acquire (...)

The Turkish Competition Authority conditionally clears a merger, subject to certain structural commitments, in the design, manufacturing, and distribution of sunglasses and prescription optical glasses (Luxottica / Essilor)
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”) Luxottica/Essilor decision, in which the Board evaluated the transaction concerning the merger of Luxottica Group S.p.A. (“Luxottica”) and Essilor International Compagnie Générale d’Optique S.A. (“Essilor”). (...)

The Turkish Competition Authority unconditionally approves the acquisition of sole control in the enterprise key management market and in the enterprise encryption software (Gemalto / Thales)
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 Thales/Gemalto decision regarding the acquisition of sole control over Gemalto N.V. (“Gemalto”) by Thales S.A. (“Thales”). The Board indicated that the aggregate market share of the parties would be relatively high in the enterprise key (...)

The Turkish Competition Authority holds that the indirect changes on the shareholding structures of two companies do not constitute concentrations and grants a negative clearance to the transaction (Turkland / Groupmed)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
The Turkish Competition Board (“ Board ”) resolved that the transaction would not be deemed as a concentration requiring mandatory merger control filing before the Turkish Competition Authority (the “ Authority ”), given that the transaction would result in shifting alliances. To that end, the (...)

The Turkish Competition Authority clears a merger between retailers in the bookselling industry (Turkuvaz / D&R)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
This case note analyses the Turkish Competition Board’s (“ Board ”) decision of May 29th, 2018 numbered 18-16/293-146 in which the Board assessed the acquisition of Doğan Müzik Kitap Mağazacılık Pazarlama AŞ (“ D&R ” or “ Target ”) and its two subsidiaries, namely, Hür Servis Sosyal Hizmetler ve Tic (...)

The Turkish Competition Authority approves the acquisition of control over a chemical company based on commitments submitted to the EU Commission (Bayer / Monsanto)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
The Turkish Competition Board (“ Board ”) granted conditional approval to the acquisition of sole control over Monsanto Company (“ Monsanto ”) by Bayer Aktiengesellschaft (“ Bayer ”), by way of taking into account the commitments submitted before the European Commission (“ Commission ”). This case (...)

The Turkish Competition Authority approves acquisition of an IT company subject to a mandatory merger control although the transaction does not satisfy the jurisdictional turnover thresholds on a stand-alone basis (Zirve / Mikro)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
By way of taking into account another transaction realized by the same acquirer within the same relevant product market previously, the Turkish Competition Board (“ Board ”) resolved that the contemplated transaction is subject to a mandatory merger control filing, although it does not satisfy (...)

The Turkish Competition Authority unconditionally approves the acquisition of sole control realized by way of a reverse-triangular merger (UTC / Rockwell)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
The Turkish Competition Board (“ Board ”) unconditionally approved the acquisition of sole control over Rockwell Collins, Inc. (“ Rockwell ”) by United Technologies Corporation (“ UTC ”) which will be realized by way of a reverse-triangular merger. This case summary concerns an analysis of the (...)

The Turkish Competition Authority prohibits a merger in the shipping market despite remedies offered by the merging parties (UN Ro-Ro / Ulusoy)
Erdem & Erdem (Istanbul)
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., (...)

The Turkish Competition Authority conditionally approves an acquisition of sole control in the market for passive hydraulic actuators, subject to the commitments submitted before the European Commission (Valeo / FTE)
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 Valeo/FTE Group decision, pertaining to the acquisition of sole control over FTE Group Holding GmbH (“FTE Group”) by Valeo Holding GmbH (“Valeo Germany”). The Board resolved that the transaction would result in a horizontally affected market in (...)

The Turkish Competition Authority clears a conglomerate merger by granting unconditional approval to the transaction (Vive / Toyota)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
This case note analyses the Turkish Competition Board’s (the “ Board ”) Vive B.V./Toyota decision of 6 April 2017 numbered 17-12/143-63 regarding the transaction by which Toyota Industries Corporation (“ TICO ”), through its subsidiary Toyota Industries Europe AB (“ Toyota Europe ”) will acquire all (...)

The Turkish Competition Authority rules that the existence of a casting vote should not hinder the acquisition of indirect joint control over a company in the healthcare sector (PSPIB / Partners Group)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
“The Turkish Competition Board (“ Board ”) unconditionally approved the transaction concerning the acquisition of joint control over Cerba Healthcare (“ Cerba ”) by Public Sector Pension Investment Board (“ PSPIB ”) and Partners Group AG (“ Partners Group ”). To that end, the Board resolved that a (...)

The Turkish Competition Authority introduces substantial amendments to the mergers and acquisitions rules
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Communique 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 (...)

The Turkish Competition Authority grants unconditional approval to a merger between a producer and a distributor of paper (International Paper Company / Weyerhaeuser)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
This case note analyses the Turkish Competition Board’s (“ Board ”) International Paper Company / Weyerhaeuser decision of 23 September 2016 numbered 16-31/519-233 on the transaction concerning the acquisition of Weyerhaeuser Company’s paper pulp business unit (“ WHPP ”) through the transfer of (...)

The Turkish Competition Board authorizes several mergers in the fast-moving consumer goods market (Migros)
Erdem & Erdem (Istanbul)
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 retail (...)

The Turkish Administrative Court annuls an acquisition in the alcoholic beverages sector and refers it back to the Competition Board (ABI / SAB Miller)
Erdem & Erdem (Istanbul)
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 Transaction, which (...)

The Turkish Competition Authority unconditionally clears the acquisition of a 5-star hotel chain (Marriott / Starwood)
Ankara Hacı Bayram Veli University (Ankara)
This case note analyses the decision of the Turkish Competition Authority (TCA) in which it has unconditionally cleared in Phase I the acquisition of the sole control of Starwood by Marriott in the market for 4- and 5-star hotels. The Operation On March 1, 2016, the TCA received a (...)

The Turkish Competition Authority unconditionally clears an acquisition in the market for data memory systems (Western Digital / SanDisk)
Ankara Hacı Bayram Veli University (Ankara)
This case note analyses the decision of the Turkish Competition Authority (TCA) in which it has unconditionally cleared in Phase I the acquisition of the sole control of SanDisk by Western Digital in the market for data memory systems. The Operation On 4 December 2015, the TCA received a (...)

The Turkish Competition Authority rejects an acquisition of the Marinas (Beta Marina / Setur)
Erdem & Erdem (Istanbul)
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 on the (...)

The Turkish Competition Authority decides to grant conditional approval to a transaction based on the commitments offered by the acquiring company after evaluating the parties’ market positions and potential anticompetitive concerns (Bekaert / Pirelli)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
The Turkish Competition Board’s (the " Board ") assessed the transaction concerning the acquisition of Pirelli Tyre SpA’s (“ Pirelli ”) steel tire cord business by NV Bekaert SA (" Bekaert ") in Turkey. During the Phase II review, the Board evaluated the parties’ market position and the potential (...)

The Turkish Competition Board Imposes fine for failing to notify of the establishment of a joint venture (Anayurt)
Erdem & Erdem (Istanbul)
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 of (...)

The Turkish Council of State annuls the decision of the Turkish Competition Authority which conditionally cleared the merger of the two largest cinema chains in Turkey in Phase II (AFM / Mars)
Ankara Hacı Bayram Veli University (Ankara)
This study analyses the judgment of the Turkish Council of State in which it has annulled the decision of the Turkish Competition Authority to conditionally clear in Phase II the merger of the two largest cinema chains in Turkey on the grounds that the merger remedies were insufficient to (...)

The Turkish Competition Board authorizes the acquisition of a Turkish water supplier by a multinational company (Sirma / Danone)
Erdem & Erdem (Istanbul)
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 market. Parties to (...)

The Turkish Competition Authority issues the communiqué on the procedures and principles to be pursued in pre-notifications and authorization applications to be filed with the NCA in order for acquisitions via privatization to become legally valid (Communiqué No. 2013/2)
Erdem & Erdem (Istanbul)
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 Turkish Competition Authority amends the merger notification test
GlaxoSmithKline (Istanbul)
The Communiqué No. 2010/4 on Mergers and Acquisitions Subject to the Approval of the Turkish Competition Board (the "Communiqué"), which introduced a new merger control regime, has been in force for two years now. During this time, the new regime has been tested and the shortcomings have been (...)

The Turkish Competition Board unconditionally approves an acquisition in the markets for metal packaging coatings and metal decorating inks (Akzo Nobel / Metlac)
GlaxoSmithKline (Istanbul)
On 27 August 2012, the Turkish Competition Board (the “TCB”) made public the reasoning for its unconditional clearance decision on the acquisition of Metlac Holding S.r.l. (“Metlac Holding”) and its subsidiaries by Akzo Nobel Coatings Int. B.V. (“ANCI”), a transaction which has already been cleared (...)

The Turkish Competition Authority unconditionally clears the acquisition of the hard disk drive business of a leading IT company (Seagate/Samsung)
Erdem & Erdem (Istanbul)
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 that, even (...)

The Turkish Competition Authority conditionally clears the merger of the two largest cinema chains subject to divesture of twelve cinemas and notification of ticket prices (AFM / Mars)
Ankara Hacı Bayram Veli University (Ankara)
This study analyses the decision of the Turkish Competition Authority (TCA) in which it has cleared the merger of the two largest cinema chains in Turkey in Phase II conditional upon the divesture of twelve cinemas and notification of average ticket prices for a period of five years, which were (...)

The Turkish Competition Authority approves a merger in the movie services market, subject to remedies (Mars / AFM Case)
GlaxoSmithKline (Istanbul)
The Turkish Competition Board (the "Board") recently (on 9 April 2012) made public its reasoned clearance decision on the merger of the two major cinema chains in Turkey namely Mars Sinema Turizm ve Sportif Tesisler Isletmeciligi A.S. ("Mars Sinema") and AFM Uluslararasi Film Produksiyon (...)

The Turkish Competition Authority authorizes a joint control acquisition in the sector of manufacture and sale of components and systems for automotive and motor vehicles (Mahle / Behr)
Erdem & Erdem (Istanbul)
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 Turkish Competition Authority unconditionally authorises the acquisition of an Italian jeweller and luxury goods retailer by a French luxury conglomerate (LVMH / Bulgari)
Erdem & Erdem (Istanbul)
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 dominant position or (...)

The Turkish Competition Authority unconditionally clears an acquisition in the film production, theatrical distribution and home entertainment distribution markets (Fida Film/Tiglon)
Ankara Hacı Bayram Veli University (Ankara)
This study analyses the decision of the Turkish Competition Authority in which it has cleared the acquisition of Tiglon, active in the film production market and the third largest firm in the theatrical distribution market, by Fida Film, dominant on the market for screen advertising in cinemas, (...)

The Turkish Competition Authority examines the privatisation of three electricity distribution companies (AYEDAS / Akdeniz Elektrik / Toroslar Elektrik)
King’s College (London)
The Turkish Competition Authority (TCA) reviewed the privatisation of three electricity distribution companies (namely, AYEDAS, Akdeniz Elektrik and Toroslar Elektrik) where 100% of the shares in each company were offered in a block sale. Pursuant to the official privatisation schedule, (...)

The Turkish Competition Authority releases guidelines project on commitments and conditional authorization
Erdem & Erdem (Istanbul)
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 Turkish Competition Authority issues merger communiqué stipulating merger control rules and notification procedure
GlaxoSmithKline (Istanbul)
Introduction More than a year ago, the Turkish Competition Authority (the "Authority") introduced a new set of merger control rules which came into force on 1 January 2011 under Communique No. 2010/4 on Mergers and Acquisitions Subject to the Approval of the Turkish Competition Board (...)

The Turkish competition board grants a conditional authorization to an acquisition in the alcoholic beverages market (Burgaz / Mey)
Erdem & Erdem (Istanbul)
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”) was (...)

The Turkish Competition Authority announces draft mergers and acquisitions system
Erdem & Erdem (Istanbul)
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 (EEC) No (...)

The Turkish Competition Board considers only the turnover in the relevant product market when calculating the fine for failure to notify a concentration (Sarten Ambalaj)
King’s College (London)
The Turkish Competition Board has explicitly ruled that it will calculate the monetary fine against failure to notify a concentration with reference to the turnover generated-by the parties to the transaction-in the relevant product market. Although the relevant provision under the Turkish (...)

The Turkish Competition Authority prohibits an acquisition as it creates and strengthens a dominant position in the alcoholic beverages market (Burgaz Alcoholic / Mey Alcoholic)
Domino’s Turkey (Istanbul)
Decision Mey Alcoholic Beverages Industry and Trade Inc. (Mey Alcoholic) made an application seeking a clearance for the acquisition of Burgaz Alcoholic Beverages Commercial and Economic Entity (Burgaz Alcoholic) which was offered for sale by the Turkish Savings Deposit Insurance Fund. The (...)

The Turkish Competition board grants conditional authorization for the complete acquisition of Financière Lafarge by the Army Solidarity institution
Erdem & Erdem (Istanbul)
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 registered under (...)

The Turkish Council of State orders by unanimity stay of execution of Turkish NCA’s clearance regarding acquisition of “Tekel Birası” brand by the dominant company in Turkish beer market (Mey İçki/Anadolu Efes Biracılık)
Hewlett Packard (Istanbul)
Background In its decision of 25 August 2009, the Turkish NCA authorized the acquisition of “Tekel Birası” brand of MEY İçki by Anadolu Efes Biracılık (Efes), the dominant company in Turkish beer market. “Tekel Birası” is the first national beer brand created by TEKEL, the state-owned enterprise which (...)

The Turkish Competition Board clears in Phase I a merger in the automobile sector and enlarged the interpretation of “control” by referring to the notion of “negative control” and “negative sole control” (Chrysler/Fiat Merger)
Erdem & Erdem (Istanbul)
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 : Acquisition of (...)

The Turkish Council of State orders stay of execution of Competition Board’s remedies inherent to its conditional clearance decision in daily political newspapers market (Vatan Newspaper / Dogan Group)
Hewlett Packard (Istanbul)
Background On 10 March 2008, the Turkish Competition Board has conditionally cleared the acquisition of Vatan Newspaper (Vatan) by Doðan Gazetecilik A.Þ. (Doðan Group) - the biggest media holding both in terms of audience and advertisement revenues- , by accepting the “failing company defense”. (...)

The Turkish Competition Board states that the remedies imposed in a previous merger clearance decision are fulfilled (Greencastle)
Karia Bodrum Group (Mugla)
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Hergüner Bilgen Özeke
On 23 August 2007 the Turkish Competition Board (the “Board”) granted a conditional approval to the transfer of 100% of the shares in i) Intergum Gida San. ve Tic. A.S., (ii) Dandy Sakiz ve Sekerleme Sanayi A.S. (“Dandy”), (iii) Falim Sakiz San. ve Tic. A.S. (“Falim”) and (iv) Intergum North America (...)

The Turkish Competition Authority approves a joint venture in the construction services market (Goldman Sachs / TAV Yatýrým Holding)
Erdem & Erdem (Istanbul)
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, while accepting the failing company defense, clears a merger conditional to remedies in the daily political newspapers market (Vatan Newspaper / Dogan Group)
Erdem & Erdem (Istanbul)
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. (hereinafter (...)

The Turkish Competition Authority cleared a privatisation in the phosphate rock market subject to limitation of production (Toros)
Esin (Istanbul)
The operation This transaction consists of the privatization by way of sale and granting the operation rights of the phosphate rock business of Sumer, which is being operated in Mazidagi Phosphate Facilities of Sumer. Sumer is a state-owned company which is active in a wide range of (...)

The Turkish Competition Board grants negative clearance to a merger in the chocolate sector and clears related ancillary restrictions (Godiva - Yýldýz Holding)
Karia Bodrum Group (Mugla)
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Derman Düren Akol (Istanbul)
Yýldýz Holding A._. (“Yýldýz Holding”) applied on 18 January 2008 to the Turkish Competition Board (the “Board”) for the approval of the latter regarding the transfer of 100% of the shares in (i) Godiva Chocolatier Inc., (ii) Godiva Brands Inc. , (iii) Godiva Chocolatier of Canada Ltd. , (iv) Godiva (...)

The Turkish Competition Authority cleared an acquisition in the food products market subject to brands divestiture and appointed a trustee (MGS-Gýdasa)
Esin (Istanbul)
The operation At the time of the notification, Gýdasa was a company which was under the sole control of Sabancý. The products that were being marketed by Gýdasa included, without limitation, beverages, various tea products, packaged water, juices and various meat products. Sabancý Group is one of (...)

The Turkish Competition Authority cleared an acquisition in the private hospitals market subject to limitation of the non-compete obligation (Ozel Maya-Sevgi Saðlýk-Ten Medikal-Gürler Medikal / Þafak)
Esin (Istanbul)
The operation Safak SPV will hold 60% of the shares of Safak Holding. Safak SPV is indirectly controlled by The Julius Baer Group, Amber Master Fund SPC and Deutsche Investitions-und Entwicklungsgesellschaft mbH (“DEG”) through Þafak Investors LP. Safak Investors LP is established for the (...)

The Turkish Competition Authority cleared a merger in the wholesale of commodity polymers market subject to limitation of the non-competition clause (NTC - Itochu Holland)
Esin (Istanbul)
The operation Itochu was established in Japan. Itochu is the parent company of Itochu Group which is active in various business lines all over the world. Main activity fields of Itochu Group are textile, machinery, automotive, aviation, energy, metal and minerals, chemicals, food and (...)

The Turkish Competition Authority clears a merger in the shopping malls real estate market subject to limitations of the non-competition clause duration (AVM / Mfi Arcaden)
Esin (Istanbul)
The operation Mfi Management für Immobilien AG, which is the parent company of Mfi Arcaden, is one of Germany’s leading management companies for the development and operation of downtown shopping arcades. It offers any relevant service across the entire real estate life cycle as a one-stop (...)

The Turkish Competition Authority cleared a merger in the medical devices markets subject to limitation of the non-compete obligation (GE-AMS)
Esin (Istanbul)
The operation GE is a publicly held company that the shares of GE are being traded on New York, Boston and London Stock Exchanges. GE consists of six business lines which are GE Infrastructure, GE Industrial, GE Commercial Finance, NBC Universal, GE Healthcare and GE Money. The contemplated (...)

The Turkish Competition Authority authorised a foreign-to-foreign merger cleared by the EC Commission subject to partly the same remedies imposed at the EC level (Owens-Saint Gobain)
Esin (Istanbul)
The operation Owens is a USA based company active worldwide in the production and sale of glass fibre reinforcements, composite fabrics and building materials. It does not carry any manufacture activities in Turkey. Saint Gobain is a French company active worldwide in the manufacture and sale (...)

The Turkish Competition Board authorizes the assignment of the operational rights of the Antalya airport to third parties (Antalya Gazipa Airport/Aydoðan-Gazipa-TAV)
Erdem & Erdem (Istanbul)
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 25 (...)

The Turkish Competition Authority cleared an acquisition in the lime market subject to limitation of the non-compete obligation (Oztüre / Carmeuse)
Esin (Istanbul)
The operation LVI Holding NV (“LVI”) controls Carmeuse’s all of the shares and its subsidiary Calsipar SA’s (“Calsipar”) 99,9% of the shares. LVI and its affiliates own facilities in Holland, Belgium, France, Luxemburg, Italy, Sweden, Turkey, Gana and USD which are active in lime and dolomite (...)

The Turkish Competition Authority cleared a merger in the chewing gum market subject to divestiture and limitation of the duration of the confidentiality obligation (Greencastle-Intergum)
Esin (Istanbul)
The operation Greencastle is a wholly owned subsidiary of Cadbury Schweppes which is London based public company. Cadbury Schweppes is active in the business of production and marketing of confectionery and beverages. At the time of the notification, Cadbury was active in the Turkish (...)

The Turkish Competition Board clears a merger in the chewing-gum market conditional to the transfer of a brand license and appoints a trustee (Intergum/Cadbury Schweppes)
Karia Bodrum Group (Mugla)
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Derman Düren Akol (Istanbul)
Greencastle Drinks Limited (“Greencastle Drinks”) applied on June 8, 2007 to the Turkish Competition Board (the “Board”) for obtaining the approval of the latter regarding the transfer of 100% of the shares in (i) Intergum Gida San. ve Tic. A.S . (“Intergum Gida”), (ii) Dandy Sakiz ve Sekerleme (...)

Turkish Competition Board clears with remedies a major acquisition in the industrial, medical and special gases sector considering, inter alia, non-compete provisions to be ancillary restrictions (Linde Gaz/BOS)
Erdem & Erdem (Istanbul)
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 acquisition (...)

The Turkish Competition Authority cleared a merger in the plastics business markets subject to limitation of the confidentiality clause duration (GE-Sabic Europe)
Esin (Istanbul)
The operation Sabic Europe is controlled by Saudi Basic Industries Corporation (“SABIC”). SABIC is a publicly held company that 70% of its shares are held by Saudi Arabia Investment Fund and 30% of the shares of SABIC are held by private investors in the countries which are the members of Gulf (...)

The Turkish Competition Authority clears the creation of a joint venture while limiting the scope and duration of the non-compete obligation (ODE-Is-Girisim)
Esin (Istanbul)
The operation ODE is a company primarily active in the business of isolation in Turkey. ODE performs the distribution of the leading firms in the field of isolation and it is a leading firm with the production activity carried out in 5 manufacturing plants in Turkey. ODE merges with Ductflex (...)

The Turkish Competition Authority cleared with remedy a merger in the port cargo services market subject to non-discrmination remedy (TCDD - Port of Izmir)
Esin (Istanbul)
The operation With the Transfer of the Operation Rights Agreement, the right to provide services at the Port of Izmir belonging to and used by TCDD such as sheltering, loading, unloading, shifting, terminal, warehousing and wharfing services, the provision of water to the ships, waste (...)

The Turkish Competition Authority clears a merger in the non-life insurances services subject to limitation of the duration of the non-compete clause (Dogan-TBIH)
Esin (Istanbul)
The operation Tracing its beginning to the 1950s, Dogan Holding has been investing in vital sectors of the economy, helping the country and itself to prosper. The Holding Company has an interest in six major business areas: energy, media, industry, trade, insurance, and tourism. In line with (...)

The Turkish Competition Authority cleared a merger in the air transport market subject to 2 years slots divestiture (Lufthansa - Gunes Express )
Esin (Istanbul)
The operation Lufthansa is an aviation group which is active all over the world together with its more than 400 subsidiaries and affiliates. The main field of business of Lufthansa is the passenger transportation. Other fields of business of Lufthansa are logistics, maintenance and repair, (...)

Turkish merger and privatization regime: An overview
Erdem & Erdem (Istanbul)
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 (...)

The Turkish Competition Authority clears a merger subject to the limitation of the duration of the non-compete clause in the financial services sector (Dogan-Deutsche Bank)
Esin (Istanbul)
The operation Doðan Yayýn Holding is Turkey’s leading media and entertainment conglomerate. It operates in TV and radio broadcasting as well as print and online media. DYH is uniquely positioned in the Turkish media industry. Doðan Yayýn Holding, Hürriyet, Milliyet and Doðan Burda stocks are (...)

The Turkish Competition Board clears a merger in the chemical commodities sector holding non-competition and non-employment provisions as ancillary restraints (Arkema France/United Phosphorus)
Çakmak Avukatlik Bürosu
,
Çakmak Avukatlik Bürosu
Turkish Competition Board (Rekabet Kurulu Karari), 24 January 2007, Application filed by United Phosphorus Limited for the acquisition of all of the Cerexagri Group shares, Case n° 2006-3-156, Decision n°07-09/47-14 In December 2006, United Phosphorus Limited (“UPL”) has applied for the approval (...)

The Turkish Competition Authority cleared a merger in the airline catering services subject to remedies including modification of the exclusive purchase obligation (Turkish Airlines-DoCo)
Esin (Istanbul)
The operation Turkish Airlines is active in the airline transportation sector which qualifies as the downstream market of the airline catering services. 49% of the Turkish Airlines is owned by the State and the remaining 51% is held by the public. DoCo is an indirect subsidiary of DO&CO (...)

The Turkish Competition Board clears without remedies an acquisition in the fuel sector (Total / CEPSA)
Karia Bodrum Group (Mugla)
,
Kanar Kuyucu Koç (Istanbul)
In October 2006, Total S.A. (“Total”) applied for the approval of the Competition Board (the “Board”) to acquire 4.35% shares that Banco Santander Central Hispano S.A. (“BSCH”) holds in Compania Española de Petroleos S.A. (“Cepsa”). Total already holding a total of 44.48% direct and indirect shares in (...)

The Turkish Competition Authority cleared a merger in the distribution of perfumery and toiletry sector subject to limitation of the duration of the confidentiality obligation (Hedef-Vizyon)
Esin (Istanbul)
The operation Vizyon is a Turkish company active in the distribution of perfumery and toiletry. Mehmet Ýhsan Ender is the biggest shareholder of Vizyon with his shareholding of 55% and the transaction mostly consists of the acquisition of this 55% shareholding. The second biggest shareholder is (...)

The Turkish Competition Board unconditionally approves a merger in the cement sector (Afyon Çimento - Set Beton / SibCem)
Karia Bodrum Group (Mugla)
,
Derman Düren Akol (Istanbul)
SibCem applied on 16 May 2008 to the Turkish Competition Board (the “Board”) for the approval of the transfer of (i) 76.51% of the shares in Afyon Çimento, (ii) 100% of the shares in Set Group HoldingA.Þ. and (iii) 100% of the shares in Set Beton (hereinafter collectively referred to as the (...)

The Turkish Competition Authority cleared a merger in the cement market subject to limitation of the non-compete clause from 3 to 2 years (Cimentas - Cementir)
Esin (Istanbul)
The operation Cimentas Ýzmir Çimento Fabrikasý Türk A.Þ. is a company which has a capacity of clinker (...)ton/year and cement (...) ton/year. According to the statistics of Türkiye Çimento Müstahsilleri Birliði, Cimentas has shares of ...% in total capacity, ...% in total manufacture, ...% in total (...)

The Turkish Competition Authority cleared a merger on the packaged water market subject to limitation of the duration and scope of the non-compete obligation (Nestlé-Erikli)
Esin (Istanbul)
The operation Nestlé Waters is established in Paris, France in 1872. Nestlé Waters is the world’s leading bottled water with 75 different brands in 130 countries. Nestle Waters is the bottled water group of Nestlé Group centered in Vevey, Switzerland which is established by Henri Nestlé. Nestlé (...)

The Turkish Competition Authority clears a merger in the chemicals sector subject to limitation of the duration of confidentiality obligation (SAN/BASF-Lanxess)
Esin (Istanbul)
The operation BASF is a German company which is the parent company of BASF Group, a globally active company in the chemicals market. The activities of BASF can be subdivided into 5 different businesses: chemicals, plastics, performance products, agricultural products, oil-gas products. BASF is (...)

The Turkish Competition Authority cleared a merger in the cinema theatres market subject to limitation of the geographical scope of non-compete obligation (Mars-Cinema)
Esin (Istanbul)
The operation Mars Cinema is a company primarily active in the business of cinema theatre operation in 6 provinces in Turkey. Mars Cinema had 66 cinema theatres before the operation. Is Girisim is a private equity which is wholly owned and controlled by Is Bankasý Group, a group which also (...)

The Turkish Competition Authority cleared a merger in the packaged herbal and fruit tea market subject to revision of a provision aiming at minimum sale price (Dogadan-Kutas)
Esin (Istanbul)
The operation Kutas is established as a joint venture between a Turkish and a German company. Dogadan is a company incorporated in Turkey and Dogadan’s shareholders consist of a Turkish family and a Swiss company MKT Holding AG, both of them having 50% shareholding in Dogadan. The operation (...)

The Turkish Competition Authority cleared a merger in the agricultural products sectors subject to remedies including limitation of the duration of the non-compete clause (Eker-Andros-Novandie)
Esin (Istanbul)
The operation Both of the Purchasers are French companies. Andros is a holding company which operates in the administration of its holding companies including Novandie. Andros Group companies are active in the production and marketing of diary products and fruit juices. Novandie is also active (...)

The Turkish Competition Authority cleared a merger in the automobile engines markets subject to limitation of the duration of the non-compete clauses (Daimler Chrysler-EQT)
Esin (Istanbul)
The operation DaimlerChrysler is a company established through the merger of Daimler-Benz AG and Chrysler Corporation in 1998. The main field of activities are automobile manufacture and defence industry technologies. It has facilities in 20 countries all over the world. It is not under the (...)

The Turkish Competition Authority cleared a merger in the the carbonless developers market subject to remedies including regular notifications of its market shares and prices to the NCA (Rockwood Süd-Chemie)
Esin (Istanbul)
The operation Süd-Chemie is a company which is active in the field of production of chemicals. It operates in Turkey through its Turkish subsidiary. However this subsidiary is not active in any businesses which are related to the relevant product market. On the other hand, Rockwood is a global (...)

The Turkish Competition Authority clears a merger in the cereals market subject to revision of a provision aiming at resale price maintenance (Kellogg-Yildiz)
Esin (Istanbul)
The operation Kellogg is a company of Kellogg Group. Kellogg Group is a global leader in the production of cereals. At the time of the subject matter notification, Kellogg was active in Turkey through exports. Yildiz is a holding company which is active in the production, distribution and (...)

The Turkish Competition Authority cleared an internal shares transfer as a a merger subject to the removal of the non-compete obligation from the transaction agreement (Inteltek-Intralot)
Esin (Istanbul)
The operation Intralot is a Greek company whose shares are being publicly held. Intralot is vastly experienced in integrated gaming systems, as well as design, development, operation, and support of gaming systems. It is the third biggest supplier company in the global lottery market. Intralot (...)

The Turkish Competition Authority cleared a merger in the oil products market subject to third parties to access to refinery facilities (Tupras / OIB)
Esin (Istanbul)
The operation Although the main field of activity of TUPRAS is the refining business, TUPRAS is also active in markets relevant to the petrochemical sector through its activities in Gulf Petrochemical Complex. Right along with the activities in the petrochemical sector, TUPRAS is also active (...)

The Turkish Competition Authority clears a merger in the GSM market subject to remedies, including limitation of the duration of the non-compete and confidentiality clauses (Alfa Telecom Turkey / Cukurova)
Esin (Istanbul)
The operation Prior to the transaction, Cukurova Telecom Holding Ltd. (“Cukurova Telecom”), the joint venture company, was under the sole control of Cukurova Holding. Upon completion of the transaction, Cukurova Telecom has become a joint venture whose parent companies are being Alfa and (...)

The Turkish Competition Authority clears a merger in the toothpaste and toothbrush markets subject to divestiture (Procter&Gamble-Gillette)
Esin (Istanbul)
The operation P&G is a global manufacturer of consumer goods, including household care, beauty care, health, baby and family care products. Gillette is a multinational manufacturer of consumer products, active in oral care, small electric appliances, portable batteries, blades and razors (...)

The Turkish Competition Authority cleared a merger in the hot adhesive markets subject to limitation of the duration of the non-competition clause (Ergon / National Organik)
Esin (Istanbul)
The operation Ergon is a UK based investment company which is a vehicle for Imperial Chemical Industries Group (“ICI”) which is being used for the purpose of carrying out its investments in foreign countries. Ergon does not have any subsidiary in Turkey. ICI is multinational company which has a (...)

The Turkish Competition Authority clears a merger in the maritime transportation sector subject to limitation of the scope of the joint venture to the relevant market (Eregli-Denizcilik)
Esin (Istanbul)
The operation The Parties are real persons who are active in different areas of sea transportation through their direct or indirect shareholdings in various companies. However none of the Parties have any direct or indirect shareholding in any company which is active in the relevant product (...)

The Turkish Competition Authority cleared - ex post - a merger in the logistics services market while requesting annulation of a non-compete clause after the termination of the joint-venture (TNT-Koc Group)
Esin (Istanbul)
The operation TNT Turkey was under the joint control of Koc Group and TNT prior to the transaction. The main field of business of TNT Turkey is the logistics services. The Parties to the transaction are active in the relevant market only through TNT Turkey. Prior to the transaction, TNT held (...)

The Turkish Competition Authority cleared a merger in the sugar, beet and maize seeds markets subject to divestiture (Syngenta-Astrazeneca)
Esin (Istanbul)
The operation Syngenta is a company whose ultimate parent company is Syngenta AG, which is a Swiss public company. The main field of business of Sygenta is the development, production, processing, distribution and protection of crop. Several affiliates of Sygenta were active in Turkey in the (...)

The Turkish Competition Authority cleared a merger in the nylon products markets subject to limitation of the duration of non-compete and confidentiality clauses (Invista / Koch-E.I. Dupont)
Esin (Istanbul)
The operation Invista is a company which is under the sole control of E.I. DuPont and is globally carrying out the fibers and intermediate goods businesses of E.I. DuPont. Invista was the biggest manufacturer of integrated fibers and intermediate goods in 2002. It has a subsidiary in Turkey. (...)

The Turkish Competition Authority finds that the privatization of a state owned petroleum refinery operator is a concentration, and will monitor its investments to prevent abuse of dominance (Tupras)
Esin (Istanbul)
The operation TUPRAS is a state owned company which operates petroleum refineries in Turkey. In 1990, it was decided to privatize TUPRAS, subsequent to which two public offerings were held. As a result of the offerings, the publicly held portion of TUPRAS raised to 34.24% of the total (...)

The Turkish Competition Authority cleared a merger in the chemicals sector subject to divestiture (DSM-Roche Vitamins)
Esin (Istanbul)
The operation DSM is active in the development and production of chemical and life science products including feed enzymes, performance materials and polymers and industrial chemicals. DSM has a subsidiary in Turkey named DSM Food Specialities Ltd. Sti (“DSM Turkey”) as well as a liaison office (...)

The Turkish Competition Authority clears a merger in the food oil markets subject to various remedies including limitation of the duration of the exclusive sale and distribution agreements (Unikom / Unilever-SEEF)
Esin (Istanbul)
The operation Unilever is a company incorporated in Holland which is active in Turkey through its various subsidiaries including Unikom. Unikom is engaged in the production of corn oil, sunflower oil and olive oil. On the other hand, SEEF is an affiliate of Soros Investment Capital and it had (...)

The Turkish Competition Authority cleared a merger in the cosmetics market with remedies including limitation of the duration of non-solicitation clause (Eczacibasi-Avon)
Esin (Istanbul)
The operation Avon Group is a company which is engaged in the production and marketing of cosmetics. Avon Group is active in 58 countries through its affiliates and its products are being marketed in 143 countries. The main characteristic of Avon Group is that its products are not marketed (...)

The Turkish Competition Authority held that bidders for a privatization tender will not be required to file notification for clearance, provided, if they win the tender, that they have sole control of the special purpose vehicle (Takým/SMM Hesfibel)
Esin (Istanbul)
The operation Takým is a company which was incorporated mainly for the purpose of manufacturing all kinds of set of tools. SMM is a special purpose vehicle incorporated solely for the purpose of participating to the privatization tender. The shareholders of SMM warranted that in the event the (...)

The Turkish Competition Authority cleared a merger in the confectionery market subject to remedies, including termination or revision of the obligation preventing the acquisition of shares of a competing company for investment purposes (Cadbury / Pfizer)
Esin (Istanbul)
The operation Pfizer Inc. is a company which is primarily active in the field of production, development and marketing of pharmaceutical products, and products which are related to human and animal health. Adams is the business department of Warner Lambert which is a subsidiary of Pfizer. (...)

The Turkish Competition Authority cleared a merger in the sheet glass processing market with remedies including limitation of the scope of the non-compete obligation (Schoot / Orim)
Esin (Istanbul)
The operation Schoot is a joint venture of which the shares are co-owned by Schoot Glas and Glaverbel S.A. Schoot Glas is engaged in the manufacture of special glasses (e.g. television screens, optical glasses, injection syringes), whereas Glaverbel S.A. is engaged in the manufacture and (...)

The Turkish Competition Authority clears an acquisition in the special chemicals industry sector (Eliokem / Goodyear Chemicals)
Erdem & Erdem (Istanbul)
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”). The (...)

The Turkish Competition Authority clears a merger in the shopping cards market subject to deletion of a non-compete clause (Boyner / Fiba)
Esin (Istanbul)
The operation Prior to the transaction, Fiba Bank was a bank, whose shares were wholly owned by Fiba Holding, while Benkar was a company active in the consumer financing and banking services and 99.99% of its shares were being hold by Boyner. Benkar and Fiba Bank had entered into an agreement (...)

The Turkish Competition Authority clears a merger in the pharmaceuticals sector subject to limitation of a non-compete clause (Abbott / BASF)
Esin (Istanbul)
The operation Abbott is a USA based public company which is active in the field of discovery, improvement, manufacture and marketing of certain pharmaceutical products. Abbott holds 99.9% of its Turkish subsidiary which is also active in the pharmaceutical sector. BASF is a German public (...)

The Turkish Competition Authority clears a merger in the construction sector subject to limitations on bidding in future tenders (Koç / Garanti Koza)
Esin (Istanbul)
The operation Prior to the transaction, 98.34% of the shares of Garanti Koza were being held by Koc Group companies. The Parties entered into a Shareholders’ Agreement (the “Shareholders’ Agreement”) on June 01, 2000 whereby Koc Group agreed to sell to Balfour and Balfour agreed to purchase and (...)

The Turkish Competition Authority clears with remedy a merger in the pharmaceuticals sector subject to remedies, including transfer of licences to third parties (Glaxo-SmithKline)
Esin (Istanbul)
The operation Prior to the transaction Glaxo was a public company which was engaged in research, development, production and marketing in the pharmaceuticals sector. Glaxo had a Turkish subsidiary named Glaxo Wellcome Ilaclarý San. A.S. (“Glaxo Turkey”) through which Glaxo carried out its (...)

The Turkish Competition Authority clears a merger in the chemicals sector subject to transfer of products licenses to a third party (Glaxo-SmithKline)
Esin (Istanbul)
The operation Prior to the transaction Glaxo was a public company which was engaged in research, development, production and marketing in the pharmaceuticals sector. Glaxo had a Turkish subsidiary named Glaxo Wellcome Ilaclarý San. A.S. (“Glaxo Turkey”) through which Glaxo carried out its (...)

The Turkish Competition Authority clears with remedies the transfer of operation rights of several electricity distribution facilities from the state-owned electricity incumbent (TEDAS)
Esin (Istanbul)
The operation At the time of the decision, TEDAS was a state-owned entity which was responsible for the distribution of electricity. Each of the electricity distribution facilities owned by TEDAS was operating in their exclusive territory. The operation was the transfer of operation rights of (...)

The Turkish Competition Authority clears a merger in the pipes markets subject to periodical notifications of prices, production and sale figures (Borusan / Mannesmannröhren)
Esin (Istanbul)
The operation The Parties intended to enter into a partnership whereby a Joint Venture will be established between the Parties. It is contemplated that Borusan will hold 77%, and Mannesmann will hold 23% of the shares of the Joint Venture. The Turkish Competition Authority, upon its review of (...)

The Turkish Competition Authority clears a merger in the agricultural vehicles and equipment markets subject to mandatory appointment of companies as distributors (Trakmak / New Holland)
Esin (Istanbul)
The operation New Holland acquired a shareholding of Koc Group in Trakmak which represents 37.5% of the share capital of Trakmak as a result of which New Holland and Koc Group started to have joint control over Trakmak. The Turkish Competition Authority, upon its review, decided that with (...)

The Turkish Competition Authority clears a merger in the retail distribution market subject to one of the parent companies refraining from activity in the relevant market (Migros Metro)
Esin (Istanbul)
The operation Migros and Metro are both active in the retail sector in Turkey. The transaction is the establishment of 5 joint ventures by and between Migros and Metro for which purpose the Parties had entered into an agreement (“Agreement”) on December 1, 1997. According to the Agreement the (...)

Procedures

The Turkish Competition Authority introduces a settlement mechanism under national competition law
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
,
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
,
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)
,
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
,
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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 Competition Authority publishes guidelines for the examination of digital data during on-site inspections
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
,
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
,
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 rejects an application concerning the commitment procedure for the first time
ACTECON (Istanbul)
,
ACTECON (Istanbul)
,
ACTECON (Istanbul)
On 28.08.2020, The Turkish Competition Authority (“TCA”) rejected an application with respect to the newly introduced commitment procedure for the first time via its decision numbered 20-36/485-212. (“Rejection Decision”). This decision is of particular importance since it sets out details about (...)

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 Constitutional Court rules that the principle of legality of crimes and punishments violated with respect to determination of administrative fine by the Competition Authority (Onmed)
ACTECON (Istanbul)
,
ACTECON (Istanbul)
,
ACTECON (Istanbul)
Introduction On 30 September 2020, the Constitutional Court’s long-awaited decision as regards the controversies arisen from the application of the most favorable law in competition law cases was announced in the Turkish Official Gazette. This decision appears to be a crucial one as it is the (...)

The Turkish Parliament approves amendments to the national competition law which introduces mechanisms as to 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 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)
ACTECON (Istanbul)
,
ACTECON (Istanbul)
,
ACTECON (Istanbul)
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 (...)

The UNCTAD and Turkish Competition Authority say that keeping markets fair in digital era requires stronger cooperation among national competition authorities
United Nations Conference on Trade and Development (UNCTAD)
Keeping markets fair in digital era requires stronger cooperation* As economies become more digital, keeping them competitive and fair requires stronger government cooperation, the first Istanbul Competition Forum heard on 25 November. The forum gathered more than two dozen competition (...)

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 (...)

The Turkish Competition Authority fines a company for obstructing an on-site inspection by cutting off electricity and preventing internet access (Mosaş)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
,
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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 (...)

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)
Erdem & Erdem (Istanbul)
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 (...)

The Turkish Competition Authority fines an undertaking operating in the wholesale market for fresh fruits and vegetables for hindering an on-site inspection (Çekok Gıda)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
,
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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 (...)

The Turkish Court of Appeals decides that follow-on actions for damages are subject to a limitation period of eight years starting from the claimant’s application to the Competition Authority (Yargıtay)
Ankara Hacı Bayram Veli University (Ankara)
This case note analyses the judgment of the Turkish Court of Appeals in which it has decided that private actions for damages are subject to a limitation period of eight years, which begins when the claimant applies to the Turkish Competition Authority (TCA) prior to bringing a follow-on (...)

The Turkish Competition Authority submits to public consultation the Regulation Project on Fines to apply in cases of violations of the Act on the Protection of Competition
Erdem & Erdem (Istanbul)
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 anti-competitive (...)

The Turkish Competition Authority issues a new "communiqué" on complaint procedure relating to competition infringements
Erdem & Erdem (Istanbul)
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 Turkish Competition Authority introduces two new regulations on leniency and on the calculation of fines
Çakmak Avukatlik Bürosu
,
Philip Morris International (Istanbul)
On 15 February 2009, two new Regulations, Regulation on the Calculation of Fines and the Leniency Regulation entered into force in Turkey. The Leniency Regulation which is modeled upon the EC Competition Law introduces a totally new procedure to the Competition Law enforcement which aims at an (...)

Overview on Turkish Competition Law
Erdem & Erdem (Istanbul)
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 Authority’s (...)

Regulatory

The Turkish Administrative Court decides that the practices based on secondary legislation in force cannot be deemed as violation of the competition law (EMO)
ACTECON (Istanbul)
,
ACTECON (Istanbul)
,
ACTECON (Istanbul)
Introduction On 13 October 2020, the Turkish Competition Authority (“TCA”) announced that Ankara 17th Administrative Court (“Court”) suspended the TCA’s decision fining the practices of Electrical Engineers Chamber (Elektrik Mühendisleri Odası – “EMO ”) with respect to the establishment of minimum (...)

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 Free
ACTECON (Istanbul)
,
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
,
Ingenico
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 life (...)

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