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Practice Areas
News & Articles
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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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Competition Law | Articles
Turkish Competition Authority Has Published Its Long-awaited Reason of the Google Adwords Decision
In the previous days, the Turkish Competition Authority (“TCA”) has published its reasoned decision regarding the investigation conducted against Google . The decision comprises of the TCA’s assessments as to whether Google had abused its dominant position, in violation of Article 6 of the Law No. 4054 on Protection of Competition (“Competition Law”), through complicating its competitors’ activities by means of its algorithm updates related to general search services and Adwords advertisements.
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Competition Law | Articles
Turkish Competition Authority Has Published the Preliminary Report on the E-Marketplace Sector Inquiry: Legislation is Around the Corner
Recent developments in digitalization have triggered the Turkish Competition Authority (“TCA”) to scrutinize more closely e-marketplace business models. The TCA has carried out a sector inquiry on e-marketplaces for this purpose and a preliminary report (“Report”) has been published on the official website of the TCA on May 7, 2021, in which a wide range of comprehensive analyses are included as to the operation of e-marketplaces in Turkey.
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Competition Law | News
Rekabet Hukukunda Geçici Tedbir Kararlarının Yükselişi
Caner Çeşit ve Mustafa Ayna'nın 24.03.2021 tarihinde İstanbul Bilgi Üniversitesi - Rekabet Hukuku Merkezi, Uygulamalı Rekabet Hukuku Seminerleri 2021 bahar dönemi programı kapsamında sunduğu "Rekabet Hukukunda Geçici Tedbir Kararlarının Yükselişi: Dijitalizasyon ve Pandeminin Etkileri" başlıklı tebliğin video kaydı yayınlandı.
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