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News & Articles
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Competition Law | Articles
The Turkish Competition Authority Decided That There Is No Procedural Benefit in Initiating Commitment Negotiations
Pursuant to the Competition Board’s (“Board”) decision dated 15.12.2022 and numbered 22-55/850-M, an investigation was initiated to determine whether Nestle Türkiye Gıda Sanayi AŞ (“Nestle”) infringed Article 4 of the Law No. 4054 on the Protection of Competition (“Competition Law”) by (i) setting the resale price of its distributors and (ii) imposing regional and customer restrictions on them. During the investigation process, Nestle requested the initiation of commitment discussions for both allegations. This request of Nestle was rejected by the Board’s decision dated 28.04.2023 and numbered 23-19/357-M. Then, within the framework of Article 11 of the Administrative Procedure Law No. 2577 (“IYUK”), Nestle requested that the Board reassess and revoke the decision to reject the request to submit a commitment, thereby enabling the commencement of commitment discussions.
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Competition Law | Articles
TCA and Gun-Jumping: Insights into Foreign-to-Foreign Transactions
Pursuant to Turkish merger control regime, mergers and acquisitions exceeding the applicable thresholds must be notified to the Turkish Competition Board (“Board”) before their implementation. According to Article 16 of Law No. 4054 on the Protection of Competition (“Competition Law”), if such concentrations requiring authorization are realized without prior notification and approval of the Board, an administrative fine of 0.1% of the annual gross Turkish revenues of undertakings shall be imposed on natural and legal persons having the nature of an undertaking and on associations of undertakings or members of such associations. The implementation of transactions without obtaining the Board’s authorization is called “gun-jumping” and is subject to an administrative fine. Considering that the Turkish Competition Authority (“TCA”) takes an active stance in merger control enforcement, including in global mergers and acquisitions that are completed without authorisation, this article examines the Board’s gun-jumping decisions with a particular focus on foreign-to-foreign transactions.
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Data Protection | Articles
Data Deletion During On-Site Inspections: Departure from the Principle of Zero Tolerance?
The power to conduct unannounced on-site inspections, commonly known as dawn raids, remains one of the most effective tools available to competition authorities in detecting anti-competitive practices. However, the digital transformation of business operations has introduced new complexities to these on-site inspections, particularly regarding the handling and preservation of electronic evidence. Recent decisions by the Turkish Competition Authority (the “TCA“) highlight the evolving challenges and approaches to managing violations encountered during the on-site inspections in the digital age.
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Competition Law | Articles
TCA Reveals Detailed Reasoning of Hefty Fine on Nestle Due to Vertical Restraints
Introduction On 16.12.2024, the Turkish Competition Authority’s (“TCA”) reasoned decision imposing an administrative fine of TRY 346,911,505.44 (approx. EUR 10.4 million) on Nestle Türkiye Gıda Sanayi A.Ş. (“Nestle”) was published on the TCA’s official website For the background information, the TCA had initiated a full-fledged investigation on 15.12.2022 into Nestle regarding the allegations that the undertaking violated Article 4 of the Law No. 4054 on the Protection of Competition (“Competition Law”) by means of (i) determining the resale prices of its distributors (“RPM”) and (ii) imposing region and customer restrictions to its distributors3. In line with the case team’s assessments, the TCA decided that Nestle violated Article 4 of the Competition Law via these vertical restraints.
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Competition Law | Articles
The Turkish Competition Authority’s M&A Overview Report 2024: Key Trends and Insights
The Turkish Competition Authority (“TCA”) has published its 2024 Mergers and Acquisitions Overview Report (“Report”), presenting a comprehensive review of its merger control activities over the past year. Released on 7 January 2025, the Report provides key statistical data on merger control filings, highlights notable trends, and compares developments with previous years. By summarizing 2024's M&A activities, the Report serves as a valuable resource for understanding the evolution of merger control in Türkiye. In 2024, the TCA reviewed 311 transactions, 1 a significant increase from 207 in 2023 and 227 in 2022. This 43% rise marks the highest number of transactions reviewed in the past 12 years, since the TCA began publishing M&A overview reports. While the Report does not explain the reasons behind this sharp increase, the primary factors are likely the technology undertaking exception and the inflation. The thresholds for notifiable M&As were last updated in early 2022, coinciding with a 100% depreciation of the Turkish Lira.
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Competition Law | Articles
Main Developments in Competition Law and Policy 2024 – Türkiye
2024 was marked by significant investigations, fines, and new frameworks addressing emerging issues in competition law of Türkiye. From resale price maintenance (RPM) and labor market agreements to the regulation of digital marketplaces, the Turkish Competition Authority’s (TCA) activities reflect a commitment to fostering competitive markets across various sectors. This short article outlines and summarizes the most notable competition law developments in Türkiye in 2024, focusing on the relevant cases and legislative updates.
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