News & Articles

  • Home
  • News & Articles
Main Developments in Competition Law and Policy 2023 – Türkiye

Competition Law | Articles

Main Developments in Competition Law and Policy 2023 – Türkiye

The Turkish Competition Authority (“TCA”) had a busy agenda in 2023 both in terms of enforcement and policy actions. Let us elaborate on some of them here. For your convenience, we have classified those in the following sections: (i) antitrust, focusing on violation in the digital markets, no-poaching agreements, resale price maintenance (ii) legislative developments regarding leniency policy and the draft DMA-related amendments to the Turkish Competition law, (iii) merger control, (iv) procedural issues primarily focusing on onsite inspections. We conclude with our vision of the TCA’s priority areas for 2024.

LG and Its Authorized Services Cleared of Allegations: No Room for Investigation

Competition Law | Articles

LG and Its Authorized Services Cleared of Allegations: No Room for Investigation

Following a preliminary inquiry, the Turkish Competition Authority (“TCA”) decided not to initiate an investigation into the undertakings active in the markets for spare parts, maintenance, and repair services for mobile phones.

The Turkish Competition Authority Reaffirmed Its View on Attorney-Client Privilege Limited to Right of Defence: A Stark Contrast with the EU

Competition Law | Articles

The Turkish Competition Authority Reaffirmed Its View on Attorney-Client Privilege Limited to Right of Defence: A Stark Contrast with the EU

With its decision issued on 30 March 2023 (Storytel Decision), the Turkish Competition Authority (TCA) evaluated Storytel Turkey Yayıncılık Hizmetleri A.Ş.’s (Storytel) claim that some documents obtained during on-site inspections were covered by attorney-client privilege.

The Turkish Competition Authority fines a leading online platform €3.8M for abuse of dominant position through the restriction of data portability and enforcement of exclusive practices (Sahibinden)

Competition Law | Articles

The Turkish Competition Authority fines a leading online platform €3.8M for abuse of dominant position through the restriction of data portability and enforcement of exclusive practices (Sahibinden)

The Turkish Competition Authority (“TCA”) has issued a reasoned decision in a significant case related to Sahibinden Bilgi Teknolojileri Pazarlama ve Ticaret AŞ (“Sahibinden”), finding that the company abused its dominant position in the online platform services markets for (i) the real estate sale/renting activities of corporate members and (ii) the vehicle sales activities of corporate members. [1] The investigation revealed that Sahibinden restricted data portability, enforced both de facto and contractual exclusivity, and complicated its competitors’ activities, resulting in a fine of approximately EUR 3.8 million [2] and a set of remedies to address its anti-competitive practices.

Q&A with Dr. Fevzi Toksoy and Bahadir Balki

Competition Law | Articles

Q&A with Dr. Fevzi Toksoy and Bahadir Balki

Dear Reader, We felt a need to compile this Q&A focusing on technology undertaking exception in the Turkish merger control regime. A special local turnover threshold exception was introduced for concentrations involving technology undertakings. The complication that comes with this (let’s call it) the Turkish version of the “value of transaction” test to address the killer acquisitions is that it is rather vague and creates legal uncertainty ...

Are You a “Technology Undertaking” within the Scope of Merger Control in Turkey?

Competition Law | Articles

Are You a “Technology Undertaking” within the Scope of Merger Control in Turkey?

As an equivalent of the value of transaction test in some jurisdictions, the Turkish Competition Authority (“TCA”) applies a special threshold for concentrations involving technology undertakings. In other words, concentrations that involve technology undertakings are treated differently with regards to the Turkey-related turnover threshold, which determines whether a transaction must be authorized by the TCA.

A Landmark Decision by the Constitutional Court about On-site Inspections Conducted by the Turkish Competition Authority: A Judge's Decision is Necessary for Conducting On-site Inspections

Competition Law | Articles

A Landmark Decision by the Constitutional Court about On-site Inspections Conducted by the Turkish Competition Authority: A Judge's Decision is Necessary for Conducting On-site Inspections

The Constitutional Court published a significant decision (“Decision”) which includes critical assessments on whether the on-site inspections conducted by the Turkish Competition Authority (“TCA”) violate the inviolability of domicile protected under Article 21 of the Constitution of the Republic of Turkey (“Constitution”).

ACTECON is proud to sponsor the Lear Competition Festival (LCF) to be held in Rome between 26 and 29 September 2023.

Competition Law | News

ACTECON is proud to sponsor the Lear Competition Festival (LCF) to be held in Rome between 26 and 29 September 2023.

ACTECON is proud to sponsor the Lear Competition Festival (LCF) to be held in Rome between 26 and 29 September 2023. On September 27, 2023 at 15:00 CET, we will be hosting a session entitled “Innovation and Digitalisation Shaping Merger Control”. The session will address the main challenges posed to merger control by innovation and digitalisation.

Turkish Competition Authority's Vigilance on Digital Markets: Examining Recent Initiatives and Their Implications

Competition Law | Articles

Turkish Competition Authority's Vigilance on Digital Markets: Examining Recent Initiatives and Their Implications

In line with the global trend, the Turkish Competition Authority (the “TCA”) has recently displayed a remarkable level of interest in addressing competition concerns on digital markets. Maybe being one of the months where the output of the TCA has peeked its highest, in April 2023 the TCA announced ...

Investigation into the Small Household Appliances Sector Concluded with Settlement Procedure!

Competition Law | Articles

Investigation into the Small Household Appliances Sector Concluded with Settlement Procedure!

The Turkish Competition Authority (“TCA”) initiated a full-fledged investigation (“Investigation”) against Korkmaz Mutfak Eşyaları San. ve Tic. A.Ş. (“Korkmaz”), Gençler Ev Araç ve Gereçleri Pazarlama Tic. A.Ş. (“Gençler”) and Punto Dayanıklı Tüketim Malları İth. İhr. Tic. Ltd. Şti. (“Punto"). These companies operate in small household appliances and kitchen tools sectors.

Unveiling the Distinction: Turkish Competition Authority Clarified “Mergers” and “Acquisitions” under Turkish Merger Control Regime

Competition Law | Articles

Unveiling the Distinction: Turkish Competition Authority Clarified “Mergers” and “Acquisitions” under Turkish Merger Control Regime

With its decision dated 17 March 2022 and numbered 22-13/205-88, the Turkish Competition Authority (“TCA”) cleared the transaction concerning the merger of Slim Fusina Rolling S.R.L. (“Slim Fusina”) and Niche Fusina Rolled Products S.R.L. (“NFRP”) (the “Transaction”) on the grounds the Transaction does not significantly impede effective competition.

The Commitment Mechanism is not Open to Negative Matching Agreements

Competition Law | Articles

The Commitment Mechanism is not Open to Negative Matching Agreements

The Turkish Competition Authority (“TCA”) launched a full-fledged investigation (“Investigation”) against Arabam Com İnternet ve Bilgi Hizmetleri A.Ş. (“Arabam.com”), Vava Cars Turkey Otomotiv A.Ş. (“VAVA CARS”), Araba Sepeti Otomotiv Bilişim Danışmanlık Hizmetleri Sanayi ve Ticaret A.Ş. (“KAVAK”), and Letgo Mobil İnternet Servisleri ve Ticaret A.Ş. (“Letgo”) ...

Subscribe

Subscribe to The Output® to get the latest news and articles about competition law, international trade and regulatory matters.

Subscribe