The TCA Publishes Pioneer Decisions on the Simultaneous Implementation of the Leniency and Settlement Procedures
Following the introduction of the settlement procedure, the number of undertakings applying for settlement has been increasing consistently. In this respect, the Turkish Competition Authority’s (“TCA”) evaluations regarding the implementation of the settlement procedure have become an object of curiosity as the investigations that ended with settlement decisions continue to be announced on the official …
The Turkish Competition Authority Takes a Wide Interpretation of the “Technology Undertaking” Exception Applicable to the Turkey’s Merger Control Thresholds
The interpretation of the exemption brought for “technology undertakings” took a sudden turn with the Turkish Competition Authority’s (“TCA”) recent Berkshire Hathaway Decision (15.09.2022, 22-42/625-261) which resolved that the exception brought to the merger control thresholds by the recent amendment for the technology undertakings shall be considered applicable, even if the activities of the target …
The Turkish Competition Authority Concluded Its Preliminary Investigation Regarding Car Rental Services Market
On 31 January 2023, Turkish Competition Authority’s (“TCA”) decision dated 21 July 2022 and numbered 22-33/526-212 regarding a preliminary investigation into the car rental services market (the “Decision”) was published on the TCA’S official website. Back in 2020, the TCA started this preliminary investigation in order to determine whether the undertakings that are engaged in …
Badmouthing—Abuse under Turkish Competition Law?
In recent years, competition authorities around the world have been scrutinising new types of behaviour that might be deemed abusive within the context of antitrust laws. Although those relating to digital markets receive the most attention, not a day passes by without a surprising decision announced by the authorities or competent courts. The decision of …
Continue reading “Badmouthing—Abuse under Turkish Competition Law?”
Where to Draw the Line of the Scope of Right to Access to Personal Data? The Constitutional Court Ruled on One’s Right to Access Their Own Personal Data
On 20.12.2022, The Turkish Constitutional Court’s (“Constitutional Court”) decision concerning the right to an effective remedy in connection to the right to request protection of the data subject’s personal data within the scope of the right to respect for private life was published in the Official Gazette[1]. In its decision, the Constitutional Court established that …
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 …
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.[1] 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 …
Main Developments in Competition Law and Policy 2021:Turkey
2021 has been a busy year in many aspects, including competition law and policy in the Republic of 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”)[1]. These recent developments on the secondary legislation include (i) the introduction of …
Continue reading “Main Developments in Competition Law and Policy 2021:Turkey”
Communiqué Concerning the Mergers and Acquisitions Calling for the Authorization of the Competition Board Has Been Amended
On 04.03.2022, important amendments/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.
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 …
Continue reading “The First Settlement Decision in Turkey at A Glance: Philips et al. Case”