Questioning Legitimacy Of Turkish Competition Board's Recent Decisions

1. Introduction

Under the Law of Turkey on Protection of Competition (the "Turkish Competition Law") ¹, the Turkish Competition Board (the "TCB") is subject to a meeting and decision quorum to be able to adopt decisions in a legitimate manner. However, in its recent decisions, which are qualified as final, the TCB clearly deviated from the meeting and decision quorum requirements, which prima facie raises questions as to their legitimacy.

In this article, we briefly analyse the TCB's decision-making process and discuss the issue of legitimacy of TCB's decisions taken in breach of the quorum requirement, which may potentially trigger legal actions for their annulment and hence may affect the interests of the business parties concerned.