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News & Articles
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Competition Law | Articles
What have the first two years of “technology undertaking exception” shown us?
In the Turkish merger control regime, a new concept, namely “technology undertaking exception” was introduced in March 2022 and entered into force in May 2022. This exception basically eliminates the turnover thresholds for the Target and requires the undertakings to notify the transaction to the Turkish Competition Authority (“TCA”) if they acquire a “technology undertaking”. The aim of the TCA was to catch the “killer acquisitions” and took a certain step to regulate the technology M&As as the other competition authorities around the world. At the end of 2024, it is a good time to see the first impact of this exception in the Turkish merger control regime. In this piece, we will evaluate the first two years of the TCA’s approach to this new concept and certain important decisions that were brought to the TCA’s table through the technology undertaking exception.
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Competition Law | Articles
Corporate Liability Redefined: TCA’s Stance on Employee-Leaked Competitive Information
Introduction The recent decision of the Turkish Competition Authority (“TCA”) in its investigation into Altıparmak Gıda A.Ş. (“Balparmak”) and Sezen Gıda Ltd. Şti. (“Anavarza”), prominent players in the bee products market, highlights a pivotal shift in corporate liability for employees’ anti-competitive behaviour when conducted without the company’s knowledge. Unlike the approach to corporate liability taken in the Arçelik/Vestel case, where proactive compliance measures absolved an undertaking of liability, the TCA held Balparmak accountable for an employee’s unilateral disclosure of competitively sensitive information to a competitor. This illustrates a growing expectation for businesses to not only establish rigorous compliance frameworks but also actively monitor and address potential breaches to mitigate liability.
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International Trade | Articles
The Ministry to Go Unorthodox for Calculating the Dumping Margins: Vulcanised Rubber Thread and Cord
Introduction In July 2024, the Republic of Türkiye Ministry of Trade (“Ministry”) Directorate General for Imports (“Directorate General”) had announced its Final Disclosure Report1 (the “First Final Disclosure”) regarding the investigation carried out concerning the imports of the product vulcanised rubber thread and cord (“concerned product”) originating in the Republic of India (“India”). The Directorate General surprisingly published a further Final Disclosure Report2 (the “Revised Final Disclosure”) in September 2024, according to which a different approach was adopted for the dumping margin calculation.
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Competition Law | Articles
The Turkish Competition Authority concludes its investigation into an online marketplace, accepting commitments to remedy the platform’s automatic abusive pricing mechanism (Trendyol)
The Turkish Competition Authority (“TCA”) announced [1] that it concluded with commitments the investigation launched in October 2023 into the allegations that the automatic pricing mechanism offered by DSM Grup Danışmanlık İletişim ve Satış Ticaret AŞ (“Trendyol”) in the multi-category e-marketplace market violated the provisions of the Law No. 4054 on the Protection of Competition (“Competition Law”). The commitments proposed by Trendyol provided a constructive resolution to these issues, ensuring that the automatic pricing mechanism would not hinder competition or result in any anticompetitive outcomes. By removing the “Match the Buybox Price” option, refraining from incentivising sellers to use the system, and implementing measures to maintain price variation, Trendyol has committed to fostering a more competitive and transparent marketplace.
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Competition Law | Articles
The Turkish Competition Authority conducts an exemption assessment in the market for the installation and operation of electric vehicle charging stations (Trugo / Shell&Turcas)
In its decision dated 21.12.2023 and numbered 23-60/1159-414 [1], the TCA decided regarding the application requesting exemption for “Collaboration Agreement Between Charging Network Operators” (“Charging Network Agreement”) signed between Trugo Akıllı Şarj Çözümleri San. ve Tic. AŞ (“Trugo”) and Shell&Turcas Petrol AŞ (“Shell”). With the Charging Network Agreement, the parties seek to establish and operate electric vehicle charging stations at Shell-branded fuel stations and share the revenue to be generated. Not only does the agreement outline establishment and operation, but also includes specific obligations and exclusivity clauses to prevent overlapping installations and ensure a return on investments. Despite some restrictions and the possibility of information exchange, the TCA deemed the cooperation compliant with competition law, as the agreement promotes consumer benefits and market expansion without significantly hindering competition.
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Competition Law | Articles
TCA Endorses Innovative After-Sales Model for TOGG Electric Vehicles through BOSCH Partnership
Introduction The rise of electric passenger cars has reshaped global markets, driven by decarbonization policies, growing consumer awareness, and innovative marketing strategies. Türkiye is no exception, with the sector developing rapidly. A significant step in this evolution is the Turkish Competition Authority’s (“TCA”) decision dated December 21, 2023. This decision granted an individual exemption for an after-sales service agreement between Türkiye’nin Otomobili Girişim Grubu Sanayi ve Ticaret A.Ş. (“TOGG”) and Bosch Sanayi ve Ticaret A.Ş. (“BOSCH”), setting the stage for a hybrid system in Türkiye’s emerging electric car market.
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