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The First Settlement Decision in Turkey at a Glance: Philips et al. Case

Competition Law | Articles

The First Settlement Decision in Turkey at a Glance: Philips et al. Case

The implementation of the settlement mechanism by the Turkish Competition Authority (“TCA”) is becoming more and more common every day ever since the Regulation on the Settlement Procedure for Investigations on Anticompetitive Agreements, Concerted Practices, Decisions and Abuse of Dominant Position ("Settlement Regulation") entered into force on July 15, 2021. It is evident that the TCA has sped up the implementation of the settlement mechanism and is looking forward to applying this mechanism effectively.

Fintech in Turkey: Regulation & Competition Law Update

Competition Law | Articles

Fintech in Turkey: Regulation & Competition Law Update

A lot has changed in the outlook of fintech regulatory ecosystem since the last four months in Turkey. Starting from Central Bank’s Regulation on Payment Services and Electronic Money and Payment Service Providers; Turkish Competition Authority, with its game-changing Report on Financial Technologies in Payment Services, and Banking Regulation and Supervision Agency (“BRSA”), issuer of the Rules on the Operation of Digital Banks and Service Model Banking, have been vigorous for setting the rules of the game in fintech industry. Finally, the Finance Office of Turkish Presidency’s Fintech Ecosystem Status Report has revealed the upcoming National Fintech Strategy Paper’s fundamental aims, along with the good news on the establishment of Istanbul Finance and Technology Base. In this brief, we summarise the latest developments in Fintech industry from Turkey.

Bilgi Üniversitesi Kariyer Günleri-2022

Competition Law | News

Bilgi Üniversitesi Kariyer Günleri-2022

Bilgi Üniversitesi 20. Hukukta Kariyer Günleri kapsamında 24 Mart tarihinde, kıdemli danışmanımız Mustafa Ayna ve danışmanımız Özlem Başıböyük, Hukuk Fakültesi öğrencileri ile sohbet toplantısı gerçekleştirdi. Danışmanlarımız, öğrencilere ACTECON'da çalışmaya ve çalışma alanlarına dair bilgi verdi. Ayrıca iş yaşamında genç hukukçulardan beklentilerimizi aktardı.

İdari Yargı Rekabet Kurumu’na Neler Fısıldıyor: İptal/Bozma Kararlarının Sentezi

Competition Law | News

İdari Yargı Rekabet Kurumu’na Neler Fısıldıyor: İptal/Bozma Kararlarının Sentezi

Kıdemli danışmanımız Caner K. Çeşit'in 10.03.2022 tarihinde Bilgi Üniversitesi Uygulamalı Rekabet Hukuku Seminerleri 2022 Bahar dönemi programı kapsamında sunduğu "İdari Yargı Rekabet Kurumu’na Neler Fısıldıyor: İptal/Bozma Kararlarının Bir Sentezi" başlıklı sunumuna aşağıdaki bağlantıdan ulaşabilirsiniz. https://www.youtube.com/watch?v=8r2dpyXem5A

Communiqué Concerning the Mergers and Acquisitions Calling for the Authorization of the Competition Board Has Been Amended

Competition Law | Articles

Communiqué Concerning the Mergers and Acquisitions Calling for the Authorization of the Competition Board Has Been Amended

On 04.03.2022, important amendments and additions has been introduced to the Communiqué Concerning the Mergers and Acquisitions Calling for the Authorization of the Competition Board (“Communiqué No. 2010/4”). With this article, it is aimed to summarize these latest amendments in the Communiqué No. 2010/4. Communiqué on Amendments Concerning Communiqué No. 2010/4 (“Communiqué No. 2022/2”) has been published on 04.03.2022 in the Official Gazette thereby amending the turnover thresholds required for a merger and acquisition transaction to be subject to the Turkish Competition Authority’s (“TCA”) approval.

Main Developments in Competition Law and Policy 2021:Turkey

Competition Law | Articles

Main Developments in Competition Law and Policy 2021:Turkey

2021 has been a busy year in many aspects, including competition law and policy in Turkey. The Turkish Competition Authority ("TCA") developed and adopted its secondary legislation in response to amendments to Law No. 4054 on Protection of Competition ("Turkish Competition Law") . These recent developments on the secondary legislation include (i) the introduction of the Regulation on the Settlement Procedure, the De Minimis Communiqué and the Communiqué on the Commitments, and (ii) amendment of the Block Exemption Communiqué on Vertical Agreements. The TCA also paid close attention to the fast-moving consumer goods market and digital markets.

A Look at TCA's Approach to Abuse of Dominance through the Lens of AG Rantos's Opinion

Competition Law | Articles

A Look at TCA's Approach to Abuse of Dominance through the Lens of AG Rantos's Opinion

In recent weeks, highly praised opinion ("Opinion”) of the Advocate General Rantos,which was originally published in French, is released in English. In this article, we summarized the opinion of the Advocate General in four short sections and, supplemented each section with the decisional practice of the Turkish Competition Authority (the “TCA”) as a comparison benchmark.

The Turkish Competition Authority’s M&A Overview Report for 2021 Has Been Published

Competition Law | Articles

The Turkish Competition Authority’s M&A Overview Report for 2021 Has Been Published

The Turkish Competition Authority’s (“TCA“) Mergers and Acquisitions Overview Report for 2021 (“Report”) has been published at the TCA’s official website on January 7, 2022. The Report provides an overview of the TCA’s activities regarding M&A transactions and includes brief information on the merger control filings by making comparisons between 2021 and previous years in different aspects such as the position of Turkish and foreign companies in the market and value and total number of the transactions notified to the TCA conducted in various sectors. Considering the value of Turkish-to-foreign transactions as well as foreign investments in the Turkish companies in 2021, it is seen that the foreign investors have been showing their interest to Turkish market again after a year of recession.

ACTECON's New Appointments

Competition Law | News

ACTECON's New Appointments

ACTECON appointed 2 new Counsels, Ertuğrul C. Canbolat and Erdem Aktekin, and a new Senior Associate Nabi C. Acar with effect from 1 January 2022. The new appointees are exceptional competition and antitrust practitioners who reflect the accumulated know-how and client-focused expertise across ACTECON. They worked in a great amount of competition law cases spanning over different areas, sectors, and companies and earned our clients’ and partners’ respect. ACTECON believes that with these new appointments, we will have a stronger practice management team and enhance our services provided to our clients.

The Turkish Personal Data Protection Authority Published the Guidelines on the Right to be Forgotten

Data Protection | Articles

The Turkish Personal Data Protection Authority Published the Guidelines on the Right to be Forgotten

The Guidelines on the Right to be Forgotten (“Guidelines”) has been published on the Personal Data Protection Authority’s (“DPA”) official website on October 20, 2021. The right to be forgotten concerns the right to request the removal of access to personal data. In fact, the right to be forgotten is associated with the right to protect the honour of an individual by restraining access to the personal data of an individual by third parties.

The TCA to Promote Competition in Digital Markets: An Analysis in light of G7’s Compendium

Competition Law | Articles

The TCA to Promote Competition in Digital Markets: An Analysis in light of G7’s Compendium

Since the use of digital platforms within daily life and the context of work is on the rise, the competition authorities are focusing more and more on the competitive issues and market failures in digital markets. With the rapid growth of digital markets, each and every day competition regulations confront with grey areas where national competition authorities are faced with sui generis issues.

The Turkish Competition Authority Fines Ice Cream Supplier for Exclusivity Practices (Unilever/Algida)

Competition Law | Articles

The Turkish Competition Authority Fines Ice Cream Supplier for Exclusivity Practices (Unilever/Algida)

The Turkish Competition Authority’s (“TCA”) reasoned decision dated 18.03.2021 and numbered 21-15/190-80, whereby it has decided to impose an administrative fine amounting to TRY 480,217,217 (EUR 77,624,758) on Unilever Sanayi ve Ticaret Türk A.Ş. (“Unilever”) for violation of Article 4 and Article 6 of the Law No. 4054 on the Protection of Competition (“Competition Law”) was published on the TCA’s website on May 20, 2021 . Unilever was found to be in violation due to abuse of its dominant position in the industrial ice cream market by exclusionary practices and the non-compete obligation imposed on Getir Perakende Lojistik A.Ş. (“Getir”), an e-commerce customer of Unilever.

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