Share on LinkedInShare on LinkedIn

ARTICLE · 22 NOVEMBER 2023

Amendments On The Horizon For The Leniency Regulation

Paksoy
Paksoy
Contributor
Paksoy

Paksoy

Paksoy is an independent full-service law firm in Istanbul focused on helping clients in a wide...

View firm profile
Explore more from Paksoy

The Regulation on Active Cooperation for Detecting Cartels ("Leniency Regulation"), which offers an avenue for cartel members to attain leniency or reduced fines...

TurkeyAntitrust/Competition Law
Gamze Boran
Gamze Boran
Oğulcan Halebak
Oğulcan Halebak
Author LinkedIn connections

The Regulation on Active Cooperation for Detecting Cartels (“Leniency Regulation”), which offers an avenue for cartel members to attain leniency or reduced fines (or even total exemption) in exchange for cooperation with the TCA in unearthing cartels, has been operative for over a decade and four years. While it is widely seen as a beneficial tool for both the TCA and potential infringers of Law No. 4054, the evolving landscape of Turkish competition law, particularly the amendments to Law No. 4054 in 2022, underscores the necessity for a revision of the extant Leniency Regulation. In alignment with this, the TCA promulgated a new Draft Regulation on Active Cooperation for Detecting Cartels (“Draft Regulation”) for public scrutiny on 28 September 2023.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Turkish Competition Authority – Uber’s Acquisition Of Certain Getir Business Lines Cleared Subject To Commitments

The Turkish Competition Authority has conditionally approved Uber Technologies' acquisition of Getir's food and grocery delivery operations, marking a significant consolidation in Turkey's digital marketplace. As part of the approval, Uber committed to investing USD 500 million in Turkey to support employment and strengthen the country's digital technology ecosystem.
TurkeyAntitrust/Competition Law
NAZALI Attorney Partnership
NAZALI Attorney Partnership
Article

The Turkish Competition Authority Releases A Leading Food Delivery Platform From Most Of Its Binding Commitments Following The Loss Of Its Dominance, But Keeps The Narrow Price Parity Commitment In Place For Two More Years

This article examines the Turkish Competition Board’s (“Board”) Yemek Sepeti Decision[1] (“Decision”), assessing a request for the removal of commitments made binding in 2021, under the “material change” condition of Article 43(4)(a) of Law No. 4054 on the Protection of Competition (“Law No. 4054”).
TurkeyAntitrust/Competition Law
Paksoy
Paksoy
Article

Turkish Competition Board Imposes Interim Measures On Meta Over WhatsApp Access Restrictions For Third-Party AI Assistants

The Turkish Competition Board (the “Board”) has imposed interim measures on Meta Platforms, Inc., Meta Platforms Ireland Limited, WhatsApp LLC and Meta Platforms İstanbul Bilişim Hizmetleri Limited Şirketi (collectively, “Meta”) in connection with amendment to the WhatsApp Business Solution Terms that barred third-party general-purpose generative AI chatbots and assistants from using WhatsApp where AI was the primary service offered to users.
TurkeyAntitrust/Competition Law
Kolcuoglu Demirkan Koçakli
Kolcuoglu Demirkan Koçakli
Article

Commitments And Changing Market Conditions: The Yemeksepeti Case

The Turkish Competition Board has partially lifted commitments previously imposed on Yemeksepeti, finding that the online food delivery market has evolved from a near-monopoly to a competitive multi-player environment. This decision examines how binding commitments may be reassessed when market conditions materially change, and explores the treatment of most-favoured-nation clauses under both antitrust and abuse of dominance provisions.
TurkeyAntitrust/Competition Law
Moroglu Arseven
Moroglu Arseven
Article

Turkish Competition Law In August 2026: From Sector Inquiries To Conditional Clearances And Key Investigations

Following a sector inquiry launched in December 2021 to detect structural competition concerns in the pharmaceutical sector and offer competitive solutions, the Turkish Competition Authority (“TCA”) published its Pharmaceutical Sector Inquiry Preliminary Report on 10 August 2026, opening it for public consultation. The report examines the overall outlook of the sector together with quantitative and statistical data, summarises the TCA's enforcement activities in the sector over the past ten years, and assesses the competitive structure across the full supply chain: production, market entry, and distribution.
TurkeyAntitrust/Competition Law
Balcioglu Selçuk Eymirlioglu Ardiyok Keki Attorney Partnership
Balcioglu Selçuk Eymirlioglu Ardiyok Keki Attorney Partnership
Article

European Commission – SAP's Commitments Made Legally Binding

The European Commission has issued a commitment decision addressing SAP's practices in the aftermarket for maintenance and support services for its on-premises ERP software. Following preliminary findings that SAP may have abused its dominant position through restrictive contract terms and fees, the company has agreed to implement global changes allowing customers greater flexibility in choosing maintenance providers and modifying contract terms. These legally binding commitments will remain in effect for 1
European UnionAntitrust/Competition Law
NAZALI Attorney Partnership
NAZALI Attorney Partnership
Article

Turkish Competition Law Newsletter – Issue 2026/3

Turkish competition enforcement has entered a phase in which the Authority's most consequential interventions increasingly arrive before, rather than after, a finding of infringement. This Summer 2026 edition covers eight developments spanning digital markets policy, merger remedies, physical access to retail infrastructure, labour market information exchange, AI distribution channels, procedural cooperation obligations and the transition between fining regimes.
TurkeyCorporate/Commercial Law
Paksoy
Paksoy
Article

A New Era For Digital Gaming Platforms: Key Amendments To Law No. 5651

Turkey has introduced comprehensive amendments to Law No. 5651, establishing the country's first sector-specific regulatory framework for digital gaming platforms. The new legislation imposes obligations on gaming platforms including age rating requirements, mandatory appointment of Turkish representatives, parental control tools, and information disclosure to authorities, backed by a graduated system of administrative fines and bandwidth restrictions for non-compliance.
TurkeyMedia, Telecoms, IT, Entertainment
Paksoy
Paksoy
Article

The Turkish Competition Authority Releases A Leading Food Delivery Platform From Most Of Its Binding Commitments Following The Loss Of Its Dominance, But Keeps The Narrow Price Parity Commitment In Place For Two More Years

This article examines the Turkish Competition Board’s (“Board”) Yemek Sepeti Decision[1] (“Decision”), assessing a request for the removal of commitments made binding in 2021, under the “material change” condition of Article 43(4)(a) of Law No. 4054 on the Protection of Competition (“Law No. 4054”).
TurkeyAntitrust/Competition Law
Paksoy
Paksoy
Article

Mandatory Implementation Of The Secure Payment System For Real Estate Sales Postponed To 1 December 2026

With the Regulation Amending the Regulation on Real Estate Trade, which was published in the Official Gazette dated 29 April 2026 and numbered 33238, the use of the secure payment system in real estate sale transactions had been made mandatory as of 1 July 2026. However, with the Regulation Amending the Regulation on Real Estate Trade, published in the Official Gazette dated 1 October 2026 and numbered 33387, the date for the mandatory implementation of the secure payment system was postponed to 1 December 2026.
TurkeyReal Estate and Construction
Paksoy
Paksoy