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Individual Exemption by the Turkish Competition Authority to the Cooperation between One of the Largest Retailers and Mobile App

Competition Law | Articles

Individual Exemption by the Turkish Competition Authority to the Cooperation between One of the Largest Retailers and Mobile App

The products and services surrounding mobile phones (e.g. mobile apps, browsers, search engines) have already proved to be a separate marketing tool for undertakings. This has triggered and created new challenges for competition law enforcement

Turkish Council of State Annulled the Provision Regarding the Account Maintenance Fees Charged by Banks

Competition Law | Articles

Turkish Council of State Annulled the Provision Regarding the Account Maintenance Fees Charged by Banks

Pursuant to lawsuit lodged by Consumer Problems Association ("Association"), 15th Chamber of the Council of State has annulled Article 13 of the Regulation on Basis and Procedures Regarding the Fees Receivable from Financial Consumers ("Regulation") which sets out that the banks may charge to their customers maintenance fees for their bank accounts.

EU's Provisional Safeguard Measures on Steel Products and a Practical Guide for Importers

International Trade | Articles

EU's Provisional Safeguard Measures on Steel Products and a Practical Guide for Importers

The countries in the world trading ecosystem have been taking steps to establish a freer trade since 1947- the time when the General Agreement on Tariff and Trade (GATT) was created. Especially after the establishment of the World Trade Organization in 1995 following the last round of the GATT (Uruguay Round of 1994), the restrictions and bans have rapidly been removed from the exchange of goods between the countries. It is without dispute that the world economy has extensively benefited from the trade liberalization.

Google Android Decision: Is EU Competition Law Becoming a Tool to Impose the Union’s Industrial Policies – Should Turkey Follow the Commission?

Competition Law | Articles

Google Android Decision: Is EU Competition Law Becoming a Tool to Impose the Union’s Industrial Policies – Should Turkey Follow the Commission?

After three years of investigation, on July 18, 2018, The European Commission (“Commission”) issued its decision on the well-known Android case and fined Google LLC (“Google”) an astounding €4.34 billion for abusing its dominant position. The Commission held that “since 2011, Google has imposed illegal restrictions on Android device manufacturers and mobile network operators to cement its dominant position in general internet search”.

Silence does not Mean Consenting to a Concerted Practice: TCA's V-Turizm Decision Reversed on Meritorious Grounds

Competition Law | Articles

Silence does not Mean Consenting to a Concerted Practice: TCA's V-Turizm Decision Reversed on Meritorious Grounds

Taking Turkey's 20-year history of the competition law practice into account, 2018 made history with the developments in administrative judicial review of the Turkish Competition Authority's ("TCA") decisions. Since 1998, no decision by the TCA whereby administrative fines were imposed based on Articles 4 (prohibiting anti-competitive agreements) and 6 (prohibiting abuse of dominance) of the Competition Law had been reversed by the Administrative Courts on meritorious grounds.

Resale Price Maintenance – Following The Effect

Competition Law | Articles

Resale Price Maintenance – Following The Effect

By publishing its reasoned decision1 on the preliminary inquiry against Duru Bulgur Gıda San. ve Tic. A.Ş. ("DURU"), the Turkish Competition Authority ("TCA") has added a new one to its decisions which include effect analysis of resale price maintenance ("RPM") practices. Although, Article 4(1)(a) of Block Exemption Communiqué No. 2002/2 on Vertical Agreements provides that RPM practices would not benefit from block exemption and the TCA used to evaluate RPM as a per se violation, in its recent decisions, the TCA subjects RPM practices to a rule of reason analysis and assesses the effects of such practices. In these decisions2, the TCA has analysed the effects of RPM by considering several factors such as market structure, competition level and effect on consumers.

TCA's Second Clearance for the Same Transaction in Fresh Bread Yeast Sector

Competition Law | Articles

TCA's Second Clearance for the Same Transaction in Fresh Bread Yeast Sector

In 2014 the Turkish Competition Authority ("TCA") had granted a conditional clearance to acquisition of Dosu Maya by Özmaya which reduced the number of players in the yeast market and this decision was annulled by the decision of Ankara 8th Administrative Court. In order to comply with the court decision, the TCA initiated a new examination and this has recently been concluded by TCA. Although the reasoned decision has not been published yet, it is possible to make some inferences by throwing a glance at the result of the TCA's short decision.

White Appliances Sector is Under Turkish Competition Authority's Spotlight

Competition Law | Articles

White Appliances Sector is Under Turkish Competition Authority's Spotlight

Upon the application made by an anonymous party to the Turkish Competition Authority ("TCA") on October 21, 2017, the TCA has initiated a preliminary investigation in order to determine whether Article 4 of the Law on the Protection of the Competition ("Competition Law") is violated by Arçelik Pazarlama A.Ş. ("ARÇELİK"), Vestel Ticaret A.Ş. ("VESTEL") and BSH Ev Aletleri Sanayi ve Ticaret A.Ş.

The Turkish Competition Authority Finds No Competition Law Violation in Media Barometer

Competition Law | Articles

The Turkish Competition Authority Finds No Competition Law Violation in Media Barometer

The Turkish Competition Authority (“TCA”) has concluded its investigation against Diye Danışmanlık Eğitim ve Medya Hizmetleri Tic A.Ş.’s (“yurddaş + partners”) Media Barometer services. It is decided that Media Barometer, which is a media performance measurement service that includes a price comparison system for advertisers, does not violate the Law No. 4054 on the Protection of Competition (“Competition Law”)

The Court Annuls the Decision of the TCA

Competition Law | Articles

The Court Annuls the Decision of the TCA

The Tenth Administrative Court of Ankara annuls the decision of the Turkish Competition Authority in a case regarding concerted practices between cement producers on the ground that the required standard of proof was not met. (GOLTAS Cement)

The Standard of Proof in Concerted Practices Redefined

Competition Law | Articles

The Standard of Proof in Concerted Practices Redefined

The Turkish Competition Authority ("TCA") had found that six cement producers operating in the Aegean Region of Turkey entered into a concerted practice to allocate certain geographical regions amongst themselves and to collectively raise the prices of cement products during the time period starting from January-March 2013 and ending in October-December 2014

Leniency Concluded with TCA’s Opinion Instead a Full-Fledged Investigation-Ready Mix Concrete Industry

Competition Law | Articles

Leniency Concluded with TCA’s Opinion Instead a Full-Fledged Investigation-Ready Mix Concrete Industry

Parallel to the European Union Regulation No 17: First Regulation implementing Articles 85 and 86 of the Treaty, Article 9 (3) of the Law No. 4054 on the Protection of Competition (“Competition Law”) regulates “termination of infringements” as “the Board, prior to taking a decision (…) shall inform in writing the undertaking or associations of undertakings concerned of its opinions concerning how to terminate the infringement”.

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