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News & Articles
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Competition Law | Articles
No Exemption for Johnson&Johnson In Any Way
The Turkish Competition Board (“TCB“) has recently issued a no-go decision for the envisaged selective distribution system of Johnson&Johnson Sıh. Mal. San. ve Tic. Ltd. Şti. (“Johnson”) . The decision concerns Johnson’s application before the Turkish Competition Authority (“TCA”) for an individual exemption to be granted to the “Human Pharmaceutical Warehouse Sales Agreement“ (“Agreement”) planned to be concluded with 9 (nine) pharmaceutical warehouses.
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Competition Law | Articles
Main Developments in Competition Law and Policy 2020: Turkey
The year 2020 will probably remain in everybody’s mind as a year of COVID, lock-downs, masks, and businesses trying to survive by adjusting their business models to the new reality. For the competition law professionals, this year would also be associated with various competition law developments in an attempt to simplify the life of various stakeholders in the new reality. 2020 brought certain changes to the legal scene in the Republic of Turkey (“Turkey”) just as in other parts of the World.
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Competition Law | Articles
The Turkish Competition Authority Fines Auto Expertise Service Providers for Price Fixing and Supply Cartel (Auto / Çözüm / Dyno Max...)
On 17 December 2020, the Turkish Competition Authority (“TCA”) announced, on its website, the reasoned decision as a result of its investigation against certain auto expertise services providers in a province of Turkey (i.e. Gaziantep), unveiling a price fixing and supply cartel among the concerned service providers.
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Competition Law | Articles
The Turkish Administrative Court Decided that the Practices based on Secondary Legislation in Force Cannot be Deemed as Violation of the Competition Law
On 13 October 2020, the Turkish Competition Authority (“TCA”) announced that Ankara 17th Administrative Court (“Court”) suspended[1] the TCA’s decision fining the practices of Electrical Engineers Chamber (Elektrik Mühendisleri Odası – “EMO”[2]) with respect to the establishment of minimum fees for the services to be rendered by the concerned professionals[3] and on 5 November 2020, 8th Administrative Chamber of Ankara Regional Administrative Court (“Regional Court”) rejected the TCA’s appeal against this suspension decision
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Competition Law | Articles
Guards Up for Multinational Companies in Case of an On-The-Spot Inspection
On-the-spot inspections are one of the most powerful tools granted to competition authorities while conducting their investigations. Indeed, as in other jurisdictions, Article 15 of the Law No. 4054 on the Protection of Competition grant the Turkish Competition Authority the ability to examine and seize a copy of books, paper works, documents, or internal communications during an on-site inspection conducted at the premises of a company. The employees of the relevant company are obliged to provide copies of such documents as requested.
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Competition Law | Articles
Commitment Mechanism: The TCA’s First Rejection Decision
On 28.08.2020, The Turkish Competition Authority (“TCA”) rejected an application with respect to the newly introduced commitment procedure for the first time via its decision numbered 20-36/485-212. (“Rejection Decision”). This decision is of particular importance since it sets out details about the deadline to offer commitments during an investigation. Under this piece, we are going to briefly explain the background of the newly introduced commitment procedure under the Act on the Protection of Competition (“Competition Law”) and later delve into the freshly published Rejection Decision.
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