Turkish Competition Board Decision Gives Insight Into Its Opinion About Collective Dominance

The Turkish Competition Board ("Board") has recently become increasingly aggressive with merger control enforcement. The number of Phase II investigations is increasing, along with subsequent clearances conditioned on fulfillment of certain remedies. The Board recently published the reasoned decision for a Phase II investigation, providing a glimpse into the Board's perspective on collective dominance.

In the Öz Maya/Dosu Maya decision (15 December 2014, 14-52/903-411), the Board concluded via a majority of votes (at a second meeting on the topic) that the structural and behavioral remedies offered by the buyer were acceptable. The buyer's proposed remedies were deemed to satisfactorily eliminate concerns that a collective dominance scenario might arise.