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News & Articles
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International Trade | Articles
A Significant Update Regarding the Producer/Exporter Certificate Regulation in Türkiye: Expanded Obligations and Verification Procedures under Trade Defence Measures
TheProducer/ExporterCertificate (“Certificate”) has long served as a critical instrument in Türkiye’s implementation of anti-dumping and countervailing duties, particularly in cases where such measures are applied on a company-specific basis. For importers to benefit from preferential, lower duty rates assigned to specific foreign producers or exporters, a valid Certificate must be presented at the time of customs declaration. Otherwise, imports are subject to the higher, residual duty rate applicable to all other exporters from the same country. A recent and comprehensive update by the Turkish Ministry of Trade (“Ministry”) has introduced detailed rules governing the issuance, format, verification, and validity of the Certificate. These changes significantly increase the compliance obligations for all parties involved-importers, producer/exporters, and traders-by introducing stricter documentation requirements, formalizing verification procedures (including on-the-spot verifications), and limiting the Certificate’s validity to one year.
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International Trade | Articles
A Significant Update Regarding the Producer/Exporter Certificate Regulation in Türkiye: Expanded Obligations and Verification Procedures under Trade Defence Measures
The Producer/Exporter Certificate (“Certificate”) has long served as a critical instrument in Türkiye’s implementation of anti-dumping and countervailing duties, particularly in cases where such measures are applied on a company-specific basis. For importers to benefit from preferential, lower duty rates assigned to specific foreign producers or exporters, a valid Certificate must be presented at the time of customs declaration. Otherwise, imports are subject to the higher, residual duty rate applicable to all other exporters from the same country. A recent and comprehensive update by the Turkish Ministry of Trade (“Ministry”) has introduced detailed rules governing the issuance, format, verification, and validity of the Certificate. These changes significantly increase the compliance obligations for all parties involved—importers, producer/exporters, and traders—by introducing stricter documentation requirements, formalizing verification procedures (including on-the-spot verifications), and limiting the Certificate’s validity to one year.
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Competition Law | Articles
The Turkish Competition Authority Decided That There Is No Procedural Benefit in Initiating Commitment Negotiations
Pursuant to the Competition Board’s (“Board”) decision dated 15.12.2022 and numbered 22-55/850-M, an investigation was initiated to determine whether Nestle Türkiye Gıda Sanayi AŞ (“Nestle”) infringed Article 4 of the Law No. 4054 on the Protection of Competition (“Competition Law”) by (i) setting the resale price of its distributors and (ii) imposing regional and customer restrictions on them. During the investigation process, Nestle requested the initiation of commitment discussions for both allegations. This request of Nestle was rejected by the Board’s decision dated 28.04.2023 and numbered 23-19/357-M. Then, within the framework of Article 11 of the Administrative Procedure Law No. 2577 (“IYUK”), Nestle requested that the Board reassess and revoke the decision to reject the request to submit a commitment, thereby enabling the commencement of commitment discussions.
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Competition Law | Articles
TCA and Gun-Jumping: Insights into Foreign-to-Foreign Transactions
Pursuant to Turkish merger control regime, mergers and acquisitions exceeding the applicable thresholds must be notified to the Turkish Competition Board (“Board”) before their implementation. According to Article 16 of Law No. 4054 on the Protection of Competition (“Competition Law”), if such concentrations requiring authorization are realized without prior notification and approval of the Board, an administrative fine of 0.1% of the annual gross Turkish revenues of undertakings shall be imposed on natural and legal persons having the nature of an undertaking and on associations of undertakings or members of such associations. The implementation of transactions without obtaining the Board’s authorization is called “gun-jumping” and is subject to an administrative fine. Considering that the Turkish Competition Authority (“TCA”) takes an active stance in merger control enforcement, including in global mergers and acquisitions that are completed without authorisation, this article examines the Board’s gun-jumping decisions with a particular focus on foreign-to-foreign transactions.
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Data Protection | Articles
Data Deletion During On-Site Inspections: Departure from the Principle of Zero Tolerance?
The power to conduct unannounced on-site inspections, commonly known as dawn raids, remains one of the most effective tools available to competition authorities in detecting anti-competitive practices. However, the digital transformation of business operations has introduced new complexities to these on-site inspections, particularly regarding the handling and preservation of electronic evidence. Recent decisions by the Turkish Competition Authority (the “TCA“) highlight the evolving challenges and approaches to managing violations encountered during the on-site inspections in the digital age.
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Competition Law | Articles
TCA Reveals Detailed Reasoning of Hefty Fine on Nestle Due to Vertical Restraints
Introduction On 16.12.2024, the Turkish Competition Authority’s (“TCA”) reasoned decision imposing an administrative fine of TRY 346,911,505.44 (approx. EUR 10.4 million) on Nestle Türkiye Gıda Sanayi A.Ş. (“Nestle”) was published on the TCA’s official website For the background information, the TCA had initiated a full-fledged investigation on 15.12.2022 into Nestle regarding the allegations that the undertaking violated Article 4 of the Law No. 4054 on the Protection of Competition (“Competition Law”) by means of (i) determining the resale prices of its distributors (“RPM”) and (ii) imposing region and customer restrictions to its distributors3. In line with the case team’s assessments, the TCA decided that Nestle violated Article 4 of the Competition Law via these vertical restraints.
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