Latest updates

Competition Board appoints new members: quorum established
ELIG Gurkaynak Attorneys-at-Law
  • Turkey
  • 14 November 2019

Two of the three vacant positions on the Competition Board (the competent decision-making organ of the Competition Authority) have now been filled. Despite the Competition Board's existing backlog, the inauguration of the newly appointed members means that it can now proceed with and resolve contentious matters that were pending on its agenda. The lack of quorum will no longer be a limiting factor for the functioning of the board.

Competition Board orders gym franchiser to revise non-compete and non-poaching clauses
ELIG Gurkaynak Attorneys-at-Law
  • Turkey
  • 19 September 2019

The Competition Board recently published the results of its preliminary investigation into a gym franchise business following a complaint that its franchising agreements violated Law 4054 and the Block Exemption Communique on Vertical Agreements. The board ordered the franchiser to revise its non-compete and non-poaching clauses to comply with competition law in terms of duration, geographical area and written consent.

Competition Board fines fertiliser company for hindering on-site inspection
ELIG Gurkaynak Attorneys-at-Law
  • Turkey
  • 18 July 2019

The Competition Board recently fined a fertiliser company for hindering an on-site inspection. The matter concerned whether company officials had been correct in preventing the case handlers from accessing personal email correspondence found in a corporate email account during the on-site inspection which implied that another company had been willing to revise its prices.

Competition Board concludes preliminary investigation into food chains
ELIG Gurkaynak Attorneys-at-Law
  • Turkey
  • 16 May 2019

The Competition Board recently published its reasoned decision following a preliminary investigation into allegations that çiğ köfte producers in Gaziantep province had restricted competition through anti-competitive behaviour and agreements. The complainant claimed that at a meeting at the Gaziantep Chamber of Commerce, the çiğ köfte producers had determined market prices, and that undertakings which chose not to comply with the determined prices would be penalised.

Competition Board fines Ro-Ro line operators
ELIG Gurkaynak Attorneys-at-Law
  • Turkey
  • 02 May 2019

The Competition Board recently announced its decision following an investigation of five undertakings and one association of undertakings active in cabotage roll-on/roll-off (Ro-Ro) transportation lines in Turkey. The reasoned decision, especially the evaluation on the Ambarli-Topcular Ro-Ro line, is expected to provide enlightening information on the board's reasoning, its views on the definition of a cartel and its approach regarding information exchange.

Competition aspects of merger control: 2018 M&A status report
ELIG Gurkaynak Attorneys-at-Law
  • Turkey
  • 07 March 2019

The Competition Board recently published its annual M&A status report, which outlines statistics concerning merger control decisions with regard to the number of transactions, the parties' country of origin, economic activities and transaction values. The Competition Board reviewed a total of 223 mergers and acquisitions in 2018, which is higher than average and constitutes a 21% increase compared with 2017.

Competition Board grants exemption to agreement between broadband providers
ELIG Gurkaynak Attorneys-at-Law
  • Turkey
  • 20 December 2018

The Competition Board recently published its reasoned decision on the application filed by Vodafone regarding an agreement signed with Superonline. The agreement concerns Vodafone and Superonline granting each other access to their respective servers for wholesale fibre-optic broadband services and providing support services to each other's customers where appropriate.

Competition Board issues decision on acquisition of media store chain
ELIG Gurkaynak Attorneys-at-Law
  • Turkey
  • 11 October 2018

The Competition Board recently issued its decision regarding retailer TveK's acquisition of rival retailer D&R and its two subsidiaries. In its assessment of potential competition concerns regarding the acquisition, the board examined the relevant market sectors and geographical markets in which the two entities operated and whether the merger would result in TveK acquiring a dominant position.

Competition Board issues first antitrust decision for excessive pricing in online ads market
ELIG Gurkaynak Attorneys-at-Law
  • Turkey
  • 04 October 2018

The Competition Board recently concluded an investigation into allegations of abuse of dominance in the provision of online ad services to commercial customers for the sale and rental of real estate and vehicles. The board concluded by a majority that Sahibinden.com had abused its dominant position. The decision could set a landmark precedent in terms of the analysis of excessive pricing in the online sector and is the only decision of its kind globally to concern the online ads market.

Family ties – Competition Board assesses Akarlılar family's acquisition of Mavi
ELIG Gurkaynak Attorneys-at-Law
  • Turkey
  • 02 August 2018

The Competition Board recently published its reasoned decision following its examination of the Akarlılar family's acquisition of negative control in Mavi Giyim Sanayi ve Ticaret AŞ. In order to assess economic unity, the Competition Board had to examine the parties' economic and family ties; the foundation, composition and nature of these ties; any independent activities; and the parties' unity of interest.

Competition Board concludes preliminary investigation into online sales
ELIG Gurkaynak Attorneys-at-Law
  • Turkey
  • 31 May 2018

The Competition Board recently published its reasoned decision following a preliminary investigation into allegations that Jotun Boya Sanayi ve Ticaret AŞ had violated Article 4 of Law 4054 on the Protection of Competition. The allegations concerned claims that Jotun had determined the resale prices and sales conditions of authorised dealers and restricted their online sales through a prohibitive provision in its dealership agreements.

Competition Board concludes preliminary investigation into air conditioning sector
ELIG Gurkaynak Attorneys-at-Law
  • Turkey
  • 29 March 2018

The Competition Board recently published its reasoned decision following a preliminary investigation into allegations that Teknosa had violated Law 4054 on the Protection of Competition by restricting İklimSA distributors from selling to the complainant. It was claimed that Teknosa had instructed İklimSA that if its products were sold to the complainant, Teknosa would halt the payment of distribution premiums and end its commercial relationship with İklimSA.

Competition Board concludes preliminary investigation into furnishing sector
ELIG Gurkaynak Attorneys-at-Law
  • Turkey
  • 25 January 2018

The Competition Board recently published a reasoned decision following its preliminary investigation into whether Yataş Yorgan ve Yatak San ve Tic AŞ had violated Article 4 of Law 4054 on the Protection of Competition. The allegations concerned the claim that Yataş had, through its best price guarantee campaign, restricted competition by acting in cooperation with independent retailers or pressuring them with abusive pricing policies.

Competition Board grants exemption to Tyre Industrialist Association's waste management plan
ELIG Gurkaynak Attorneys-at-Law
  • Turkey
  • 16 November 2017

The Competition Board recently published its reasoned decision on the Tyre Industrialist Association's application for an exemption for its Waste Management Strategies and Implementation Plan for Worn-out Tyres 2016 to 2020. The board decided that the association's proposal would not limit competition in a manner which would violate Law 4054 on the Protection of Competition and granted an individual five-year exemption.

Abuse of dominance investigation into vodka and gin markets closed with no administrative fine
ELIG Gurkaynak Attorneys-at-Law
  • Turkey
  • 02 November 2017

Following an 18-month investigation, the Competition Board recently found that Mey İçki held a dominant position in the vodka and gin markets. However, the board had already examined Mey İçki's alleged practices and imposed penalties in its earlier decision on the raki market. As such, the board accepted the non bis in idem defence and concluded that Mey İçki should not be subject to an administrative fine.

Competition Board concludes ready-mixed concrete investigation with no fines
ELIG Gurkaynak Attorneys-at-Law
  • Turkey
  • 31 August 2017

Following a 16-month investigation, the Competition Board recently published the outcome of a high-profile investigation into the ready-mixed concrete market. After evaluating the evidence, written defences and investigation file, the board decided not to render administrative fines, concluding that none of the undertakings had violated Article 4 of Law 4054.

Competition Board publishes reasoned decision on pharmaceutical industry
ELIG Gurkaynak Attorneys-at-Law
  • Turkey
  • 03 August 2017

The Competition Board recently published a reasoned decision following its investigation into whether the Pharmacists' Association and the Pharmacists' Association Commercial Enterprise had violated Article 6 of Law 4054 on the Protection of Competition by abusing their dominant position in the market for the supply of pharmaceuticals from abroad through their exclusivity practices and other actions.

Competition Authority publishes 2016 M&A status report
ELIG Gurkaynak Attorneys-at-Law
  • Turkey
  • 01 June 2017

The Competition Authority recently published its annual Mergers and Acquisitions Status Report for 2016. The report reveals that the authority reviewed 209 transactions in 2016. Nine of these involved the privatisation of public companies, while 191 were notifiable M&A transactions (excluding privatisations). This marks an increase compared with 2015, when the Competition Authority examined 159 merger control cases, of which 141 were notifiable transactions (excluding privatisations).

OnDemand Competition and antitrust in the digital age
ELIG Gurkaynak Attorneys-at-Law
  • Turkey
  • 27 April 2017

A significant number of consumers prefer to buy products and services online for practical reasons. In order to keep pace with these new market structures, the Competition Board must consider new market definitions for products and services involving digital markets. Moreover, the board must examine the specific dynamics of digital markets while assessing the competitive or anti-competitive effects of relevant cases.

Increased security for concentrations involving stock exchange transactions
ELIG Gurkaynak Attorneys-at-Law
  • Turkey
  • 09 March 2017

Communique 2017/2 on the Amendment of Communique 2010/4 on Mergers and Acquisitions Subject to the Approval of the Competition Board recently entered into force. Although no statutory rule on whether parties can close a public bid on a listed company before obtaining Competition Board approval existed in Turkey until the communique's promulgation, Competition Board case law had started to clarify this matter. However, legislative guidance on this type of concentration is most welcome.