-
-
On its 20th anniversary, ACTECON presents the first-ever children’s storybooks in the field of competition rules and ethics.
REQUEST YOUR COPY -
STAND STRONG IN THE COMPETITION
ACTECON offers expert competition advice and strategic support for your business to ensure that your company complies with and benefits from competition rules.
MEET ACTECON TEAM -
A RELIABLE ALLY IN FOREIGN WATERS
ACTECON offers support in preventing and resolving any issues related to WTO dispute settlements and international trade.
MEET ACTECON TEAM -
EXPAND YOUR LIMITS
ACTECON offers expert advice in relation to regulated markets and ensures that businesses comply with all the regulatory requirements.
MEET ACTECON TEAM -
READY FOR THE NEXT FRONTIER
ACTECON understands the trends towards the future and works to make sure artificial intelligence and other technological developments comply with the rules of the competition.
MEET ACTECON TEAM
Practice Areas
News & Articles
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
The Output®
Subscribe
Subscribe to The Output® to get the latest news and articles about competition law, international trade and regulatory matters.