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ACTECON offers expert advice in relation to regulated markets and ensures that businesses comply with all the regulatory requirements.
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ACTECON understands the trends towards the future and works to make sure artificial intelligence and other technological developments comply with the rules of the competition.
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Practice Areas
News & Articles
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Competition Law | Articles
Administrative Court Decided to Stay the Execution of Turkish Competition Authority’s Decision of Administrative Monetary Fine for Hindrance of On-site Inspection (Sahibinden.com)
As is well known, the Turkish Competition Authority (“TCA”) is authorized to examine all data and documents on electronic platforms and information systems during the on-site inspections pursuant to the amendment dated 16.06.2020 on Article 15 of Law No. 4054 on the Protection of Competition (“Competition Law”). Subsequently, the TCA published the Guidelines on the Examination of Digital Data during On-Site Inspections on 09.10.2020. In line with the relevant changes in legislation, the scope of on-site inspections conducted by the TCA’s case handlers has reached another level. The TCA has started to inspect mobile devices, including personal devices (mobile phones, tablets, etc.) if they contain digital data belonging to the undertaking. In this context, it is observed through the published decisions that the TCA recently adopted a strict approach with regard to on-site inspection processes. In case any data is deleted during the on-site inspection, the TCA decided to impose administrative monetary fines by stating that these practices cause hindrance or complication to the on-site inspection regardless of whether the relevant data relates to personal use.
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Competition Law | News
Rekabet Hukukunda Geçici Tedbir Kararlarının Yükselişi: Dijitalizasyon ve Pandeminin Etkileri
Uygulamalı Rekabet Hukuku Seminerleri 2021 kitabı içerisinde yer alan ve kıdemli danışmanlarımız Caner K. Çeşit ile Mustafa Ayna tarafından yazılan “Rekabet Hukukunda Geçici Tedbir Kararlarının Yükselişi: Dijitalizasyon ve Pandeminin Etkileri” konulu uzun akademik makale, Mayıs 2022’de basılmıştır.
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Competition Law | Articles
The Court’s Fact Check: The First-Degree Court Quashes in Part and Affirms in Part the Comprehensive Interim Measures Decision Brought by the Turkish Competition Authority Against Trendyol
Until recent times, an interim measure decision of the Turkish Competition Authority (“TCA”) was something hard to come by. However, with the growing prominence of digital markets and the equally strong response from the competition authorities, that situation has changed as well. The latest experience shows that the TCA is more determined to actively use this tool in an attempt to efficiently respond to conducts in these fast-evolving markets. Among those decisions, the Trendyol Interim Measures Decision (or Trendyol Decision) clearly was the one that attracted the most interest and debate. So it was very exciting to get informed that on 25.05.2022, the administrative court has reversed in part and affirmed in part this decision via a detailed analysis of each interim measure (“Court’s Decision”).
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Competition Law | Articles
Attorney-Client Privilege from Competition Law Perspective: Comparison Between Turkish and French Legal Systems
The attorney-client privilege is a common law concept of legal professional privilege in the United States. The concept also exists in civil law countries where there is a secrecy obligation on the part of professionals in guaranteeing that clients’ confidential information is kept secret from disclosure to third parties. The civil law concept of attorney-client privilege is generally regulated under special laws such as legal practitioner acts or through national criminal law. Even if the principle of attorney-client privilege generally has a significant place in all legal systems it creates an ambiguous area within the scope of competition law depending on the country. However, neither Turkey nor France has specific dispositions under their national laws which are Law No. 4054 on the Protection of Competition (“Competition Law”), the French Civil Code (“FCiC”), and the French Commercial Code (“FCoC”). However, for Turkey, the Turkish Competition Authority (“TCA”) sets specific conditions related to this matter, whereas, in France, the French Competition Authority (“FCA”) is still ambiguous on the subject.
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Competition Law | News
Latest Competition Law Developments in the Insurance and Labour Markets
We are ready to welcome summer with the beauty of Bosphorus and the recent competition law developments in insurance and labour markets. Our managing partner Bahadır Balkı will be one of the participants who will discuss these important issues facing in-house counsels. Looking forward to seeing you...
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Competition Law | Articles
The TCA’s Stance on No-poaching Agreements: A Comparative Analysis
The labor market has gradually increased its place on the agenda of competition law, especially in the last ten years. No-poaching agreements (agreements between competitors to not transfer employees from each other) come first among the elements that constitute the subject of competition law in the labor market. Like the other competition authorities, the Turkish Competition Authority (“TCA”) has also examined no-poaching agreements in various decisions.
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