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Fair Competition or Not?: The TCA's Align Decision

Competition Law | Articles

Fair Competition or Not?: The TCA's Align Decision

The Turkish Competition Authority (“TCA”) concluded its investigation into Align Tech Turkey Tıbbi Cihazlar Limited Şirketi (“Align”) regarding the claims that Align abused its dominant position through predatory pricing and foreclosing the market via rebate systems with its decision dated 07.12.2023 and numbered 23-56/1119-397. Align allegedly engaged in exclusionary or exclusivity-enhancing practices to disadvantage competitors in the clear aligners market through practices such as sales campaigns, rebate systems, and tying strategies. Furthermore, as the manufacturer and supplier of iTero in the digital intraoral scanner market, Align was accused of strengthening its market strategy by offering these devices to physicians under highly favourable terms, on condition that the purchase of its clear aligners. This approach allegedly created de facto exclusivity by restricting the sales of competing clear aligner brands and intraoral scanner suppliers, as physicians were required to meet annual purchase targets set by Align.

TCA’s Re-evaluation Decision of the TCA: Assessing the Impact of E-Commerce Regulations on a Leading Online Marketplace’s (Trendyol) Commitments

Competition Law | Articles

TCA’s Re-evaluation Decision of the TCA: Assessing the Impact of E-Commerce Regulations on a Leading Online Marketplace’s (Trendyol) Commitments

DSM Grup Danışmanlık İletişim ve Satış Ticaret A.Ş. ("Trendyol"), a leading the multi-category online marketplace in Türkiye, came under scrutiny in by the Turkish Competition Authority (“TCA”) for favouring its private-label (“PL”) products through data exploitation and algorithmic manipulation. Following the TCA’s 2021 investigation, Trendyol was required to ensure fair competition and prevent self-preferencing practices. Subsequent amendments to Türkiye’s Electronic Commerce Law compelled Trendyol to separate PL product sales from its marketplace, by launching a distinct platform, “TrendyolMilla,” exclusively for its PL brands. In light of these regulatory developments, Trendyol petitioned the TCA to reconsider the obligations imposed under the 2023 Final Decision, arguing that the legislative changes rendered some of these requirements obsolete. In this article we look into the details of the TCA’s Re-evaluation Decision of 2024, which provides a nuanced assessment of whether Trendyol’s regulatory obligations remain relevant under the new legal and operational framework. While the TCA accepted that concerns regarding algorithmic favouritism were no longer applicable due to the complete removal of PL products from Trendyol’s marketplace, it upheld obligations related to data usage, recognizing that access to third-party seller data remains a competitive risk. This article also examines the implications of regulatory adaptations, and the broader impact on the e-commerce ecosystem in Türkiye.

The TCA Imposes Fine on Doğa Koleji for Its Anti-Competitive Conducts in the Labour Market

Competition Law | Articles

The TCA Imposes Fine on Doğa Koleji for Its Anti-Competitive Conducts in the Labour Market

The Turkish Competition Authority (“TCA”) concluded its investigation into Arı İnovasyon ve Bilim Eğitim Hizmetleri AŞ (“Doğa Koleji”) regarding the claims that Doğa Koleji has engaged in anti-competitive practices with other private schools operating in the Kocaeli province, with its decision dated 03.10.2024 and numbered 24-40/948-407 (“Decision”). Doğa Koleji was alleged to have participated in collusive conduct with competing private schools, jointly determining the level of annual meal fees charged to students and restricting competition in the labour market for teaching personnel. These practices allegedly involved exchanging sensitive information about wages and job applicants, making joint hiring or no-hiring decisions, and collectively implementing wage restraint policies. Such conduct was claimed to restrict competition in terms of both service pricing and employment conditions, potentially leading to higher prices for customers and reduced job mobility for educators.

A Significant Update Regarding the Producer/Exporter Certificate Regulation in Türkiye: Expanded Obligations and Verification Procedures under Trade Defence Measures

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.

TCA Identified Gun-jumping During Review of Subsequent Transaction (Broadcom/VMware decision)

Competition Law | Articles

TCA Identified Gun-jumping During Review of Subsequent Transaction (Broadcom/VMware decision)

During its review of a separate notified transaction, the Turkish Competition Authority (“TCA”) uncovered a gun-jumping violation related to Broadcom’s acquisition of VMware. Specifically, in its decision dated 01.04.2024 and numbered 24-25/596-249, the Competition Board authorized KKR Management LLP to acquire all shares of VMware LLC’s End User Computing business line. However, in the course of this assessment, the TCA realized that Broadcom’s acquisition of VMware had not been notified in Türkiye, despite being reported to multiple competition authorities worldwide. This led the Board to initiate an ex officio investigation and subsequently impose a gun-jumping fine. The Broadcom/VMware Decision (dated 18.07.2024 and numbered 24-30/707-296) offers critical insights into the Board’s evaluation of gun-jumping cases, addressing key issues such as turnover calculations, procedural obligations, and the availability of possible defences.

Google Finally Complies Fully With Turkish Competition Authority Obligations

Competition Law | Articles

Google Finally Complies Fully With Turkish Competition Authority Obligations

Introduction Following our earlier analysis of Google’s ongoing struggle to meet the obligations set by the Turkish Competition Authority (“TCA”), a new decision by the TCA brings a change in the narrative. The newly published decision dated 04.06.2024 and numbered 24-24/562-236 (“Compliance Decision”), the Board now confirms that Google has remedied its non-compliance in hotel search queries within the local search services market. After in just 37 days, Google implemented the remaining measures previously found deficient, thereby ceasing the daily administrative fine. In this follow-up article, we revisit the background of the case, outline the new developments, and examine the Board’s reasoning that led to the cessation of the daily fine.

The Turkish Competition Authority Decided That There Is No Procedural Benefit in Initiating Commitment Negotiations

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.

TCA and Gun-Jumping: Insights into Foreign-to-Foreign Transactions

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.

Data Deletion During On-Site Inspections: Departure from the Principle of Zero Tolerance?

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.

TCA Reveals Detailed Reasoning of Hefty Fine on Nestle Due to Vertical Restraints

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.

The Turkish Competition Authority’s M&A Overview Report 2024: Key Trends and Insights

Competition Law | Articles

The Turkish Competition Authority’s M&A Overview Report 2024: Key Trends and Insights

The Turkish Competition Authority (“TCA”) has published its 2024 Mergers and Acquisitions Overview Report (“Report”), presenting a comprehensive review of its merger control activities over the past year. Released on 7 January 2025, the Report provides key statistical data on merger control filings, highlights notable trends, and compares developments with previous years. By summarizing 2024's M&A activities, the Report serves as a valuable resource for understanding the evolution of merger control in Türkiye. In 2024, the TCA reviewed 311 transactions, 1 a significant increase from 207 in 2023 and 227 in 2022. This 43% rise marks the highest number of transactions reviewed in the past 12 years, since the TCA began publishing M&A overview reports. While the Report does not explain the reasons behind this sharp increase, the primary factors are likely the technology undertaking exception and the inflation. The thresholds for notifiable M&As were last updated in early 2022, coinciding with a 100% depreciation of the Turkish Lira.

Main Developments in Competition Law and Policy 2024 – Türkiye

Competition Law | Articles

Main Developments in Competition Law and Policy 2024 – Türkiye

2024 was marked by significant investigations, fines, and new frameworks addressing emerging issues in competition law of Türkiye. From resale price maintenance (RPM) and labor market agreements to the regulation of digital marketplaces, the Turkish Competition Authority’s (TCA) activities reflect a commitment to fostering competitive markets across various sectors. This short article outlines and summarizes the most notable competition law developments in Türkiye in 2024, focusing on the relevant cases and legislative updates.

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