Sustainability Practices Through The Lens Of Competition Law

Introduction

Sustainability agreements¹ have been gaining traction across the globe requiring competition law practices to provide clear, concise advice to their clients. We aim to provide an overview of how ESG² processes are assessed under Turkish competition law and in other jurisdictions.

Sustainability Agreements under Turkish Competition Law

The Turkish Competition Authority does not provide direct guidance on the assessment of ESG processes under Law No. 4054 on the Protection of Competition ("Law No. 4054"). Therefore, ESG agreements are assessed in accordance with the guidelines³ and general principles it has issued.

In Türkiye, agreements between competitors are examined within the scope of Article 4, Law No. 4054. If an agreement between competitors has, or is likely to have, a negative impact on at least one parameter, including price, production quantity, product quality, product diversity or innovation, it will be deemed restrictive of