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ARTICLE · 20 NOVEMBER 2019

Turkish Competition Board's Approach Against SMEs: The Case Of The Egg Producers

Gen Temizer Erdogan Girgin Attorney Partnership
Gen Temizer Erdogan Girgin Attorney Partnership
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The Competition Authority also conducted on-site inspections and interviewed the four undertakings that are subject to the preliminary investigation.

TurkeyAntitrust/Competition Law
Bulut Girgin
Bulut Girgin
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Introduction

The Law No. 4054 on Protection of Competition ("Law No. 4054") does not include a de minimis exception and any actions, no matter their impact, which violates competition under Law No. 4054 is punishable. However, there are several precedents where the Turkish Competition Board ("Board") has adopted a less stringent approach for small and medium-sized enterprises (SMEs), even for conduct which can be interpreted as infringing "hard-core" restrictions. This can be illustrated by the recent case of the Mardin egg producers1.

Background

The Board initiated a preliminary investigation against four egg producers (BAYZA, DICLE, FIRAT and NAZ) in order to assess whether they have violated Article 4 of the Law No. 4054 by fixing sale price of goods.

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