Türkiye

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…

Information exchange, Pricing, Standard of Proof, Türkiye

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Introduction The automotive sector has been on the radar of the Turkish Competition Authority (“TCA”) for a long time. In this sense, the TCA conducted an investigation (“Investigation”) regarding the allegations that some undertakings operating in the first-hand and second-hand automotive markets violated Law. No. 4054 on the Protection of Competition (“Competition Law”) via stockpiling…

Labour market, No-poach-agreement, Türkiye

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The labor market has gradually increased its place on the agenda of competition law, especially in the last ten years. No-poaching agreements (agreements between competitors to not transfer employees from each other) come first among the elements that constitute the subject of competition law in the labor market. Like the other competition authorities, the Turkish…

Standard of Proof, Türkiye

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The Ankara Regional Administrative Court 8th Administrative Chamber (“Regional Court“)[1] recently ruled for the stay of execution of the Turkish Competition Authority’s (“TCA“) cartel decision[2] which has imposed on two undertakings active in the chemicals market an administrative monetary fine for violation of the Article 4 of the Law No. 4054 on the Protection of…

Competition Law 2021, Türkiye

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2021 has been a busy year in many aspects, including competition law and policy in the Republic of Turkey. The Turkish Competition Authority (“TCA“) developed and adopted its secondary legislation in response to amendments to Law No. 4054 on Protection of Competition (“Turkish Competition Law“)[1]. These recent developments on the secondary legislation include (i) the introduction…

Digital economy, Digital markets, Türkiye

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Since the use of digital platforms within daily life and the context of work is on the rise, the competition authorities are focusing more and more on the competitive issues and market failures in digital markets. With the rapid growth of digital markets, each and every day competition regulations confront with grey areas where national…

Pharmaceuticals, Türkiye

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With the recent decision given by the 13th Chamber of the Council of State on 24 May 2021,[1] the administrative fine given to the Turkish Pharmacists Association (“TPA”) by the Turkish Competition Authority (“TCA”) on the grounds that some of its decisions and practices violated Article 4 of Law No. 4054 on the Protection of…