Competition investigations

ACTECON has decades of experience in supporting businesses at all stages of the Turkish Competition Authority’s investigations and related procedures.

Preliminary investigations

ACTECON assists companies at the stage of preliminary investigations conducted by the Competition Authority. Not every preliminary investigation may turn into a full investigation. At the stage where the Competition Authority decides whether to open a full-fledged investigation, we ensure that an efficient and open communication channel with the Competition Authority is established, and all the procedural formalities are complied with.

Full-fledged investigations

ACTECON provides support to businesses at the stage of full-fledged investigations. The Competition Authority enjoys wide investigatory powers, including right to enter premises, examine and take copies of records related to business, interrogate company representatives and staff, as well as seal the business premises and records during inspections. We ensure that company’s right to defense is respected fully. We also provide expertise in developing an effective defense strategy and commitments, conducting negotiations with the Competition Authority, facilitating settlements, and taking care of public disclosure issues.

Leniency assessments & applications

ACTECON offers expert evaluations and risk analysis to determine whether company’s conduct in the market contains any competition law concerns or violations and hence whether the leniency application is necessary. We support businesses throughout the whole leniency application process, including managing multinational leniency applications and collaborating with lawyers in other jurisdictions in this regard. 

Sector inquiries

ACTECON renders assistance during the Competition Authority’s sector inquiries and ensures that the companies’ rights and interests are properly protected. Sector inquiries are investigations conducted by the Competition Authority in a specific sector when there is a suspicion that the market is not functioning well due to certain breaches of competition rules. This process may be rather time consuming and require close dealings with the Competition Authority. Based on information received from the companies, the Competition Authority gets a better understanding of the market dynamics and assesses whether a specific investigation needs to be launched at a later stage.

Negative clearances and individual exemptions

ACTECON conducts self-assessment and detects whether vertical or horizontal agreements are subject to negative clearances or individual exemptions. Numerous agreements between undertakings may fall outside block exemptions, envisaged by communiqués of the Turkish Competition Authority and, the legitimacy of such agreements may be questioned. We conduct economic analysis, prepare draft agreements and where necessary notify them to the Turkish Competition Authority to obtain legal certainty via Authority’s opinion regarding potential risks associated with execution of such agreements.