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 …
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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 …
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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 …
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New Footprints in the Framework of SEPs and FRAND Terms
The intersection between intellectual property and competition law is always on the agenda of lawmakers. Since there is an imbalance between the exclusivity rights ensured by intellectual property law and anti-competitive practices that the competition law protects, the notion of standard-essential patents (SEP) and a commitment to license these patents on a fair, reasonable and …
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The TCA’s Stance on No-poaching Agreements: A Comparative Analysis
The labor market has gradually increased its place on the agenda of competition law, especially in the last ten years. No-poaching agreements (agreements between competitors to not transfer employees from each other) come first among the elements that constitute the subject of competition law in the labor market. Like the other competition authorities, the Turkish …
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Attorney-Client Privilege from Competition Law Perspective: Comparison Between Turkish and French Legal Systems
The attorney-client privilege is a common law concept of legal professional privilege in the United States. The concept also exists in civil law countries where there is a secrecy obligation on the part of professionals in guaranteeing that clients’ confidential information is kept secret from disclosure to third parties. The civil law concept of attorney-client …
The Court’s Fact Check: The First-Degree Court Quashes in Part and Affirms in Part the Comprehensive Interim Measures Decision Brought by the Turkish Competition Authority Against Trendyol
Until recent times, an interim measure decision of the Turkish Competition Authority (“TCA”) was something hard to come by. However, with the growing prominence of digital markets and the equally strong response from the competition authorities, that situation has changed as well. The latest experience shows that the TCA is more determined to actively use …