Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 30 MARCH 2023

Market Intelligence Thought Leadership Award Winner

How Does Turkey's Competition Board Interpret Anti-Competitive Information Exchange? An Analysis Of Its Recent Car Rental Decision

Gen Temizer Erdogan Girgin Attorney Partnership
Gen Temizer Erdogan Girgin Attorney Partnership
Contributor
Explore more from Gen Temizer Erdogan Girgin Attorney Partnership

This article contains an analysis of the Board's approach towards the direct and indirect exchange of competitively sensitive information with a particular focus on the Car Rental decision.

TurkeyAntitrust/Competition Law
Bulut Girgin
Bulut Girgin
Author LinkedIn connections

March 2023 - In a preliminary investigation involving 12 undertakings operating in the car rental sector, the Turkish Competition Board (the "Board") scrutinised allegations that the car rental undertakings violated Article 4 of Law No. 4054 on the Protection of Competition by exchanging information pertaining to stocks, competitors' price offers and market shares, and vehicle purchase data ("the Car Rental decision").1 This article contains an analysis of the Board's approach towards the direct and indirect exchange of competitively sensitive information with a particular focus on the Car Rental decision.

The concept of information exchange

In commercial life, undertakings, whether they are competitors or not, exchange information directly or through associations of undertakings, market research companies, customers and distributors, and in a sense, they make the market transparent to a certain extent. However, information that may be of strategic importance

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

View source

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 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
Kolcuoğlu Demirkan Koçaklı Attorneys at Law
Kolcuoğlu Demirkan Koçaklı Attorneys at Law
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 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

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 Board Finds No Infringement In A101 And CarrefourSA Parallel Pricing Investigation

The investigation originated from a series of consumer complaints submitted from late 2023 onwards, which pointed to identical or closely aligned prices for products such as eggs, yoghurt, rice, butter and wafers across several national grocery retailers. The complaints also alleged that price increases were frequently implemented on the same or nearby dates.
TurkeyAntitrust/Competition Law
ELIG Gürkaynak Attorneys-at-Law
ELIG Gürkaynak Attorneys-at-Law
Article

Implementation Procedures For Investment Funds Ordered Into Liquidation

With its decision No. 57/1708 dated 17.09.2026, the Capital Markets Board (the “CMB”) set out the liquidation procedures for the 131 investment funds established by Tera, A1 Capital, Atlas, Bulls, Hedef, Pardus and Pusula Portföy Yönetimi, whose liquidation had been ordered under its previous decision, and updated the relevant list of funds in the same decision.
TurkeyFinance and Banking
Gen Temizer Erdogan Girgin Attorney Partnership
Gen Temizer Erdogan Girgin Attorney Partnership
Article

Developments Concerning Liquidity Measures In The Capital Markets And The Fund Liquidation Process

On 16 September 2026, the money market funds founded by Pusula Portföy Yönetimi A.Ş. defaulted after failing to meet the cash redemption requests received from investors, triggering a sharp sell off on Borsa Istanbul. The BIST 100 index lost 5.54% that same day and hit a circuit breaker; the selling soon spread to Tera Portföy funds as well. It became apparent that the problem was not confined to those two firms but also extended to Hedef, Atlas, A1 Capital, Pardus and Bulls Portföy.
TurkeyFinance and Banking
Gen Temizer Erdogan Girgin Attorney Partnership
Gen Temizer Erdogan Girgin Attorney Partnership
Article

Turkish Capital Markets Board Introduces Measures On Investment Funds

Borsa Istanbul’s BIST 100 index came under significant selling pressure over three consecutive trading sessions between 15-17 September 2026. The index closed down 5.54% on 16 September, a move that triggered Borsa Istanbul’s index-linked circuit breaker, and negative momentum continued into the morning of 17 September. The sell-off was primarily triggered by a default at Pusula Portföy Yönetimi A.Ş., a portfolio management company, which failed to meet investor redemption requests from certain funds it manages in a timely manner. A similar liquidity problem emerged at Tera Portföy Yönetimi A.Ş., and this situation put pronounced pressure on the shares of both companies as well as on broader market indices.
TurkeyFinance and Banking
Gen Temizer Erdogan Girgin Attorney Partnership
Gen Temizer Erdogan Girgin Attorney Partnership
Article

New Rules On Shareholding Disclosures And Actual Free Float: Assessment Of CMB Bulletin No. 2026/57

The Capital Markets Board of Türkiye (“CMB” or the “Board”), through its principle decision No. i-SPK.15.2 (dated 03.09.2026 and numbered 54/1614) (“Resolution”), has lowered to 3% the minimum shareholding disclosure threshold under the Material Events Disclosure Commu-niqué No. II-15.1 (“Communiqué”). The Reso-lution will apply as from the end of the day on 11.09.2026.
TurkeyCorporate/Commercial Law
Gen Temizer Erdogan Girgin Attorney Partnership
Gen Temizer Erdogan Girgin Attorney Partnership
Article

Türkiye’s Artificial Intelligence Action Plan For 2026 Published

Presidential Circular No. 2026/9, dated 17 August 2026, was published in the Official Gazette on 18 August 2026. The Circular requires public institutions and organisations to carry out the necessary work and provide the support needed to implement the Türkiye Artificial Intelligence Action Plan (the “Plan”), which sets out Türkiye’s artificial intelligence roadmap for the 2026–2030 period.
TurkeyTechnology
Gen Temizer Erdogan Girgin Attorney Partnership
Gen Temizer Erdogan Girgin Attorney Partnership
Article

New Regulation On Age Verification And Child Protection For Social Network Providers

The Regulation on the Provision of Child Specific Segregated Services and Age Verification by Social Network Providers (the “Regulation”) was published in the Official Gazette No. 33396 dated 10 October 2026. The Regulation sets out the rules applicable to domestic and foreign social network providers whose services are accessible from Türkiye, introducing new requirements concerning age verification, child-specific services and parental control mechanisms.
TurkeyMedia, Telecoms, IT, Entertainment
Gen Temizer Erdogan Girgin Attorney Partnership
Gen Temizer Erdogan Girgin Attorney Partnership
Article

Tasfiyesine Karar Verilen Yatırım Fonları İçin Uygulama Esasları

Sermaye Piyasası Kurulu (“Kurul”) 17.09.2026 tarihli ve 57/1708 sayılı kararı ile, bir önceki kararında tasfiyesine karar verilen ve Tera, A1 Capital, Atlas, Bulls, Hedef, Pardus ve Pusula Portföy Yönetimi tarafından kurulmuş toplam 131 yatırım fonunun tasfiye usul ve esasları belirlenmiş, ilgili fon listesi de aynı kararla güncellenmiştir.
TurkeyFinance and Banking
Gen Temizer Erdogan Girgin Attorney Partnership
Gen Temizer Erdogan Girgin Attorney Partnership
Article

Sermaye Piyasalarında Likidite Tedbirleri ve Fon Tasfiye Sürecine İlişkin Gelişmeler

16.09.2026 tarihinde, Pusula Portföy Yönetimi A.Ş.’nin kurucusu olduğu para piyasası fonlarının yatırımcılardan gelen nakit iade taleplerini karşılayamayarak temerrüde düşmesi, Borsa İstanbul’da sert bir satış dalgasını tetiklemiştir. BIST 100 endeksi aynı gün %5,54 değer kaybederek devre kesici uygulamasına konu olmuş, satış dalgası kısa sürede Tera Portföy fonlarında da görülmüş; sorunun yalnızca iki kurumla sınırlı kalmayıp Hedef, Atlas, A1 Capital, Pardus ve Bulls Portföy’ü de kapsadığı anlaşılmıştır.
TurkeyFinance and Banking
Gen Temizer Erdogan Girgin Attorney Partnership
Gen Temizer Erdogan Girgin Attorney Partnership
Article

Assessment Of The Türkiye Emissions Trading System Regulation

The Türkiye Emissions Trading System Regulation (the “Regulation”) was published in the Official Gazette No. 33353 dated August 27, 2026, and entered into force on the same date. Pursuant to the Climate Law No. 7552 (the “Climate Law”), the Regulation sets out the fundamental rules governing the scope of the Türkiye Emissions Trading System (“ETS”), greenhouse gas emissions permits, monitoring, reporting and verification, the allocation of allowances, and the operation of the market.
TurkeyEnvironment
Gen Temizer Erdogan Girgin Attorney Partnership
Gen Temizer Erdogan Girgin Attorney Partnership