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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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Practice Areas
News & Articles
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Data Protection | Articles
The Turkish Personal Data Protection Authority Published the Guidelines on the Right to be Forgotten
The Guidelines on the Right to be Forgotten (“Guidelines”) has been published on the Personal Data Protection Authority’s (“DPA”) official website on October 20, 2021. The right to be forgotten concerns the right to request the removal of access to personal data. In fact, the right to be forgotten is associated with the right to protect the honour of an individual by restraining access to the personal data of an individual by third parties.
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Competition Law | Articles
The TCA to Promote Competition in Digital Markets: An Analysis in light of G7’s Compendium
Since the use of digital platforms within daily life and the context of work is on the rise, the competition authorities are focusing more and more on the competitive issues and market failures in digital markets. With the rapid growth of digital markets, each and every day competition regulations confront with grey areas where national competition authorities are faced with sui generis issues.
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Competition Law | Articles
The Turkish Competition Authority Fines Ice Cream Supplier for Exclusivity Practices (Unilever/Algida)
The Turkish Competition Authority’s (“TCA”) reasoned decision dated 18.03.2021 and numbered 21-15/190-80, whereby it has decided to impose an administrative fine amounting to TRY 480,217,217 (EUR 77,624,758) on Unilever Sanayi ve Ticaret Türk A.Ş. (“Unilever”) for violation of Article 4 and Article 6 of the Law No. 4054 on the Protection of Competition (“Competition Law”) was published on the TCA’s website on May 20, 2021 . Unilever was found to be in violation due to abuse of its dominant position in the industrial ice cream market by exclusionary practices and the non-compete obligation imposed on Getir Perakende Lojistik A.Ş. (“Getir”), an e-commerce customer of Unilever.
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Competition Law | Articles
The TCA’s Tough Stance towards Information Exchange through Associations of Undertakings
The sharing of commercially sensitive information amongst competitors is categorized as information exchange, which may affect their decision-making processes and ultimately affect competition. Professional societies are considered associations of undertakings and information exchange through an association of undertakings is usually subject to Article 4 of Law No. 4054 on the Protection of Competition (“Competition Law”). That being said, the Turkish Competition Authority (“TCA”) may exempt this kind of information exchange from the application of Article 4 in cases where the conditions set out in Article 5 of the Competition Law are satisfied.
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Competition Law | Articles
The TCA’s Decision Regarding the Turkish Pharmacists Association Has Been Overturned
With the recent decision given by the 13th Chamber of the Council of State on 24 May 2021, the administrative fine given to the Turkish Pharmacists Association (“TPA”) by the Turkish Competition Authority (“TCA”) on the grounds that some of its decisions and practices violated Article 4 of Law No. 4054 on the Protection of Competition (“Competition Law”) was annulled. The decision, which was rendered at the end of an administrative judicial process that lasted many years, also included determinations regarding the jurisdiction of the TCA. This article discusses the process and results of that decision.
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Competition Law | Articles
The Turkish Competition Authority Cleared the Merger Transaction Between FCA and PSA, But Subject to Conditions…
In the previous days, the Turkish Competition Authority (“TCA”) has published its reasoned decision in which it conditionally cleared the merger transaction , which is planned to be made through the incorporation of Fiat Chrysler Automobiles N.V. (“FCA”) and Peugeot S.A. (“PSA”) into FCA. In this regard, especially two points has aroused curiosity: (i) what would be the competitive concerns that may arise after the transaction is realized and (ii) how the commitments submitted by the transaction parties found sufficient in order to eliminate the relevant competitive concerns? Let’s have a look at these questions’ answers together within this article.
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