Türkiye

Competition policy, Competition proceedings, European Court of Justice, Fundamental rights, Guidelines, Türkiye

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With its decision issued on 30 March 2023 (Storytel Decision), the Turkish Competition Authority (TCA) evaluated Storytel Turkey Yayıncılık Hizmetleri A.Ş.’s (Storytel) claim that some documents obtained during on-site inspections were covered by attorney-client privilege. This post presents a comparative analysis of the TCA’s approach regarding attorney-client privilege presented in the Storytel decision and the…

Digital competition, Digital economy, Digital markets, Digital Markets Act, Türkiye

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Introduction In line with the global trend, the Turkish Competition Authority (TCA) has recently displayed a remarkable level of interest in addressing competition concerns in digital markets. Maybe being one of the months where the output of the TCA has peeked its highest, in April 2023 the TCA announced (i) the publication of the Preliminary…

Competition Law 2022, Competition policy, Competition proceedings, Türkiye

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Introduction If we are to summarise competition law developments of Turkey for 2022 in a few headlines, these would include the amendments to the merger control thresholds, the exceptions introduced for the technology undertakings with a view to catching killer acquisitions, the increased scrutiny over online platforms, the closer relationship between competition law and data,…

Abuse of dominance, Türkiye, Unfair competition, Unfair practices, United Kingdom

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In recent years, competition authorities around the world have been scrutinising new types of behaviour that might be deemed abusive within the context of antitrust laws. Although those relating to digital markets receive the most attention, not a day passes by without a surprising decision announced by the authorities or competent courts. The decision of…

Merger control, Merger notification, Merger Thresholds, Mergers, Türkiye

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In Turkey, a Phase II review takes 228 days on average, almost eight months from the day of merger notification. Although the Turkish Competition Authority (“TCA”) has prohibited only five proposed transactions during its 25-year tenure, both behavioural (11 cases) and structural remedies (15 cases) were imposed. The TCA conducted merger simulations in four cases,…

Anticompetitive agreements, Information exchange, Türkiye, United Kingdom

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Introduction The Competition and Markets Authority (“CMA”) of the UK has fined Germany-based Bayerische Motoren Werke Aktiengesellschaft (“BMW AG”), the ultimate parent company of the BMW Group, for failure to comply fully with a written information request without reasonable excuse through its decision of 6 December 2022 (“CMA Decision”). The fine includes a fixed amount…

Anticompetitive agreements, Information exchange, Trade associations, Türkiye

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Introduction The Turkish Competition Authority (“TCA”) has rendered several decisions in recent years concerning the exchange of competitively sensitive information. A significant number of these decisions have involved negative clearance/exemption applications made to the TCA by undertakings seeking to lawfully exchange information among themselves. In this regard, the Turkish Construction Equipment Distributors and Manufacturers Association[1]…

Dawn raids, Investigations, Türkiye

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The Turkish Competition Authority (TCA) has rendered a number of decisions, particularly in recent years, on whether on-site inspections have been hindered or complicated. These include two recent decisions on D-Market Elektronik Hizmetler ve Ticaret A.Ş. (“Hepsiburada“), one of the largest e-marketplaces in Turkey. In the first of these decisions, the TCA examined whether the…

Abuse of dominance, Digital, Digital competition, Digital economy, Türkiye

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Introduction This blog post will give an overview of the draft amendment (the “Draft Amendment”) to Law No. 4054 on the Protection of Competition (the “Law No. 4054”). The key points of the Draft Amendment concern: Introducing definitions of core platform services into Law No. 4054 and allowing the possibility to introduce regulations on the…

Merger control, Merger notification, Merger Thresholds, Mergers, Türkiye

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Introduction The substantial rules of the Turkish merger control are taken from the corresponding EU provisions. The amendments to the Turkish Competition Law in 2020 introduced the SIEC test to improve the concentration control regime and harmonize it with the EU rules even further. The amended Merger Communique in 2022 revised the thresholds as a…