A New Age for Digital Markets in Turkey? The Draft Amendment to the Law No. 4054 on the Protection of Competition
This blogpost will give an overview on the draft amendment (the “Draft Amendment”) to the Law No. 4054 on the Protection of Competition (the “Law No. 4054”). The key points of the Draft Amendment concern:
Türk Telekom Decision: Recent Approach to Refusal to Deal
The Turkish Competition Board (the “Board”) published its reasoned decision dated 30.09.2021 and numbered 21-46/667-332 (the “Decision”) concerning the full-fledged investigation launched against Türk Telekomünikasyon A.Ş. (“TT”) upon the complaints of undertakings operating in the retail fixed broadband internet access services market (downstream market). In their complaints, internet service providers (“ISPs”) alleged that TT rejected …
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Dawn raids in Turkey – Can Companies Avoid Responsibility by Asserting Subjective Grounds for the Deleted Data During On-site Inspections?
The Turkish Competition Authority (TCA) has rendered a number of decisions, particularly in recent years, on whether on-site inspections have been hindered or complicated. These include two recent decisions on D-Market Elektronik Hizmetler ve Ticaret A.Ş. (“Hepsiburada”), one of the largest e-marketplaces in Turkey.
Turkey – What to Consider in Sharing Sectoral Reports with Sector Members?
The Turkish Competition Authority (“TCA”) has rendered several decisions in recent years concerning the exchange of competitively sensitive information . A significant number of these decisions have involved negative clearance/exemption applications made to the TCA by undertakings seeking to lawfully exchange information among themselves.
The Turkish Competition Authority Sets the Boundaries of its “Technology Undertaking” Definition
On 4 March 2022, the Turkish Competition Authority (the “TCA”) increased the notification thresholds set in its merger regulation, i.e., Communiqué No. 2010/4 on the Mergers and Acquisitions Calling for the Authorisation of the Competition Board (“Communiqué No. 2010/4”). In addition to the amendment of turnover thresholds, the TCA added an exception to these thresholds …
The Information You Have Requested Cannot Be Reached at the Moment: The Regional Administrative Court Upheld the Board’s Decision Imposing Fines on Five International Banks for Not Providing the Requested Information
On 26 October 2022, the Ankara Regional Administrative Court’s 8th Administrative Chamber revoked[1] an earlier decision[2] of the Ankara 3rd Administrative Court that had annulled the Turkish Competition Board’s (the “Board”) decision concerning the imposition of administrative monetary fines on five international banks for failure to provide the requested information/data.[3]
TCA Imposed Interim Measures on Krea
As per Article 9(4) of Law No. 4054 on Protection of Competition (“Competition Law”), the Turkish Competition Authority (“TCA”) is entitled to impose interim measures in order to maintain the environment before the violation, without exceeding the scope of the final decision, in case of a possibility of serious and irreparable damages. It is observed …
The Ankara 13th Administrative Court Rules for the Annulment of Turkish Competition Authority’s Cartel Decision Due to Failure of Standard of Proof (Kronospan)
The Ankara 13th Administrative Court (“Court”)[1] recently annulled with its decision (“Court Decision”) the Turkish Competition Authority’s (“TCA”) cartel determination[2] (“TCA Decision”) against Kronospan Orman Ürünleri San. ve Tic. A.Ş. (“Kronospan”) in a decision through which it had imposed on 11 undertakings active in the MDF and flakeboard markets an administrative monetary fine for violating …
Adidas Cleared of Allegations Regarding Resale Price Maintenance and Discrimination
The Turkish Competition Authority (“TCA”) has launched numerous investigations into whether undertakings maintain their dealers’ resale prices. These investigations include one launched into one of the most well-known sports product brands, Adidas Spor Malzemeleri Satış ve Pazarlama Anonim Şirketi (“Adidas”).
First Decision by the TCA to Impose Fine to the Labour Market!
The Turkish Competition Authority (“TCA”) has published its reasoned decision dated 24.02.2022 and numbered 22-10/152-62 (“Private Hospitals Decision” or “Decision”) in which it examined the allegations that private health institutions and an association of undertaking (i) jointly determined the operating room service fees charged to freelance physicians, (ii) restricted competition by preventing employee transfers and …
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