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TCA Reveals Detailed Reasoning of Hefty Fine on Nestle Due to Vertical Restraints

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.

The Turkish Competition Authority’s M&A Overview Report 2024: Key Trends and Insights

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.

Main Developments in Competition Law and Policy 2024 – Türkiye

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.

What have the first two years of “technology undertaking exception” shown us?

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.

Corporate Liability Redefined: TCA’s Stance on Employee-Leaked Competitive Information

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.

The Ministry to Go Unorthodox for Calculating the Dumping Margins: Vulcanised Rubber Thread and Cord

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 Turkish Competition Authority concludes its investigation into an online marketplace, accepting commitments to remedy the platform’s automatic abusive pricing mechanism (Trendyol)

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.

The Turkish Competition Authority conducts an exemption assessment in the market for the installation and operation of electric vehicle charging stations (Trugo / Shell&Turcas)

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.

TCA Endorses Innovative After-Sales Model for TOGG Electric Vehicles through BOSCH Partnership

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.

Turkish Competition Authority Sheds Lights on Labour Markets

Competition Law | Articles

Turkish Competition Authority Sheds Lights on Labour Markets

Introduction On 03.12.2024, the Turkish Competition Authority (“TCA”) announced that the Competition Board (“Board”) had adopted the Guidelines on Competition Infringements in Labour Markets (“Guidelines”) with its decision dated 21.11.2024 and numbered 24-49/1087-RM(4), following the publication of the Draft Guidelines on Competition Infringements in Labor Markets (“Draft Guidelines”) and the receipt of public feedback. The Guidelines were highly expected, given that the TCA had conducted four investigations over the past four years, involving more than fifty undertakings and resulting in administrative fines. Additionally, there are ongoing labour markets investigations. By publishing the Guidelines, the TCA aims to provide clarity and guidance to undertakings moving forward.

Türkiye Introduces New Rules for Cross-Border Transfers of Personal Data – Key Takeaways

Data Protection | Articles

Türkiye Introduces New Rules for Cross-Border Transfers of Personal Data – Key Takeaways

Introduction The Turkish Parliament has passed the law amending the Law on the Personal Data Protection numbered 6698 (“PDPL”) with the aim to align the relevant cross-border rules with those of the European Union General Data Protection Regulation (“GDPR”). The changes were adopted on 12 March 2024, with effect from 1 June 2024. As part of the amendments, the Turkish Data Protection Authority (“Authority”) published the Regulation on Cross-Border Transfers of Personal Data (“Regulation”) in the Official Gazette on 10 July 2024 with immediate effect1. This piece of legislation provides a structured framework for managing international data transfers. So, companies transferring customer data overseas now need to adhere to the new procedures to ensure compliance.

The Evaluation of the TCA’s Recent Decisions Regarding the FMCG Sector

Competition Law | Articles

The Evaluation of the TCA’s Recent Decisions Regarding the FMCG Sector

The reasoned decisions regarding the two separate investigations conducted independently by the Turkish Competition Authority (“TCA”) against suppliers operating in the fast-moving consumer goods (“FMCG”) market were published on the official website of the TCA in May 2024. Both decisions set significant precedents regarding “resale price maintenance”, which the TCA has particularly focused on in recent years. Information regarding the relevant investigations and their outcome is provided below as follows:

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