Turkey, ELIG Gurkaynak Attorneys-at-Law updates

Competition & Antitrust

Contributed by ELIG Gurkaynak Attorneys-at-Law
Administrative court's Enerjisa decisions: 'anti-competitive effects' redefined?
  • Turkey
  • 12 November 2020

In 2018 the Competition Board imposed administrative fines amounting to TL143 million on three retail electricity sales companies (RESCs) and one electricity distribution company for abusing their dominant positions in various markets. In three separate decisions regarding the appeal of the fines, the Ankara 13th Administrative Court rejected all of the claims raised by the RESCs and upheld the board's decision. The decisions may have significant consequences with respect to anti-competitive effects.

Competition Board concludes preliminary investigation highlighting its approach to online sales
  • Turkey
  • 24 September 2020

The Competition Board recently published its reasoned decision following a preliminary investigation based on allegations that two companies had violated Article 4 of Law 4054 on the Protection of Competition by determining dealers' resale prices, fixing discount rates and limiting the payment methods of their dealers.

Recent amendments to law on protection of competition
  • Turkey
  • 02 July 2020

After rounds of revisions and failed enactment attempts over a span of several years, the proposal for amendments to Law 4054 on the Protection of Competition has finally been approved by Parliament. According to the proposal's recital, the amendments to Law 4054 aim to embody the Turkish Competition Authority's 20-plus years' enforcement experience and bring Turkish competition law closer to EU competition law.

COVID-19: TCA announces zero-tolerance policy towards excessive price increases
  • Turkey
  • 09 April 2020

The Turkish Competition Authority (TCA) recently issued a series of public announcements emphasising that it has observed excessive price increases in the food sector – particularly for fresh fruit and vegetables – during the COVID-19 pandemic. Further, to protect consumers, the TCA has stressed that it will continue to monitor these price increases and the market players that have contributed thereto.

Competition aspects of merger control: 2019 M&A status report
  • Turkey
  • 13 February 2020

The Competition Board recently published its annual M&A status report, which outlines statistics on merger control decisions with regard to the number of transactions, the parties' country of origin, economic activities and transaction values. The board reviewed a total of 208 mergers and acquisitions in 2019, a 7% reduction compared with 2018.

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