News & Articles

  • Home
  • News & Articles
Administrative Court Decided to Stay the Execution of Turkish Competition Authority’s Decision of Administrative Monetary Fine for Hindrance of On-site Inspection (Sahibinden.com)

Competition Law | Articles

Administrative Court Decided to Stay the Execution of Turkish Competition Authority’s Decision of Administrative Monetary Fine for Hindrance of On-site Inspection (Sahibinden.com)

As is well known, the Turkish Competition Authority (“TCA”) is authorized to examine all data and documents on electronic platforms and information systems during the on-site inspections pursuant to the amendment dated 16.06.2020 on Article 15 of Law No. 4054 on the Protection of Competition (“Competition Law”). Subsequently, the TCA published the Guidelines on the Examination of Digital Data during On-Site Inspections on 09.10.2020. In line with the relevant changes in legislation, the scope of on-site inspections conducted by the TCA’s case handlers has reached another level. The TCA has started to inspect mobile devices, including personal devices (mobile phones, tablets, etc.) if they contain digital data belonging to the undertaking. In this context, it is observed through the published decisions that the TCA recently adopted a strict approach with regard to on-site inspection processes. In case any data is deleted during the on-site inspection, the TCA decided to impose administrative monetary fines by stating that these practices cause hindrance or complication to the on-site inspection regardless of whether the relevant data relates to personal use.

Rekabet Hukukunda Geçici Tedbir Kararlarının Yükselişi: Dijitalizasyon ve Pandeminin Etkileri

Competition Law | News

Rekabet Hukukunda Geçici Tedbir Kararlarının Yükselişi: Dijitalizasyon ve Pandeminin Etkileri

Uygulamalı Rekabet Hukuku Seminerleri 2021 kitabı içerisinde yer alan ve kıdemli danışmanlarımız Caner K. Çeşit ile Mustafa Ayna tarafından yazılan “Rekabet Hukukunda Geçici Tedbir Kararlarının Yükselişi: Dijitalizasyon ve Pandeminin Etkileri” konulu uzun akademik makale, Mayıs 2022’de basılmıştır.

The Court’s Fact Check: The First-Degree Court Quashes in Part and Affirms in Part the Comprehensive Interim Measures Decision Brought by the Turkish Competition Authority Against Trendyol

Competition Law | Articles

The Court’s Fact Check: The First-Degree Court Quashes in Part and Affirms in Part the Comprehensive Interim Measures Decision Brought by the Turkish Competition Authority Against Trendyol

Until recent times, an interim measure decision of the Turkish Competition Authority (“TCA”) was something hard to come by. However, with the growing prominence of digital markets and the equally strong response from the competition authorities, that situation has changed as well. The latest experience shows that the TCA is more determined to actively use this tool in an attempt to efficiently respond to conducts in these fast-evolving markets. Among those decisions, the Trendyol Interim Measures Decision (or Trendyol Decision) clearly was the one that attracted the most interest and debate. So it was very exciting to get informed that on 25.05.2022, the administrative court has reversed in part and affirmed in part this decision via a detailed analysis of each interim measure (“Court’s Decision”).

Attorney-Client Privilege from Competition Law Perspective: Comparison Between Turkish and French Legal Systems

Competition Law | Articles

Attorney-Client Privilege from Competition Law Perspective: Comparison Between Turkish and French Legal Systems

The attorney-client privilege is a common law concept of legal professional privilege in the United States. The concept also exists in civil law countries where there is a secrecy obligation on the part of professionals in guaranteeing that clients’ confidential information is kept secret from disclosure to third parties. The civil law concept of attorney-client privilege is generally regulated under special laws such as legal practitioner acts or through national criminal law. Even if the principle of attorney-client privilege generally has a significant place in all legal systems it creates an ambiguous area within the scope of competition law depending on the country. However, neither Turkey nor France has specific dispositions under their national laws which are Law No. 4054 on the Protection of Competition (“Competition Law”), the French Civil Code (“FCiC”), and the French Commercial Code (“FCoC”). However, for Turkey, the Turkish Competition Authority (“TCA”) sets specific conditions related to this matter, whereas, in France, the French Competition Authority (“FCA”) is still ambiguous on the subject.

Latest Competition Law Developments in the Insurance and Labour Markets

Competition Law | News

Latest Competition Law Developments in the Insurance and Labour Markets

We are ready to welcome summer with the beauty of Bosphorus and the recent competition law developments in insurance and labour markets. Our managing partner Bahadır Balkı will be one of the participants who will discuss these important issues facing in-house counsels. Looking forward to seeing you...

The TCA’s Stance on No-poaching Agreements: A Comparative Analysis

Competition Law | Articles

The TCA’s Stance on No-poaching Agreements: A Comparative Analysis

The labor market has gradually increased its place on the agenda of competition law, especially in the last ten years. No-poaching agreements (agreements between competitors to not transfer employees from each other) come first among the elements that constitute the subject of competition law in the labor market. Like the other competition authorities, the Turkish Competition Authority (“TCA”) has also examined no-poaching agreements in various decisions.

New Footprints in the Framework of SEPs and FRAND Terms

Competition Law | Articles

New Footprints in the Framework of SEPs and FRAND Terms

The intersection between intellectual property and competition law is always on the agenda of lawmakers. Since there is an imbalance between the exclusivity rights ensured by intellectual property law and anti-competitive practices that the competition law protects, the notion of standard-essential patents (SEP) and a commitment to license these patents on a fair, reasonable and non-discriminatory (FRAND) basis are accepted to preserve the competitive landscape with regard to licensing issues. However, licensors and licensees still have discrepancies on the FRAND terms, and this keeps authorities and courts busy with handling each party’s requests. While it is nearly impossible to satisfy both parties’ demands, recently, we observed that there are footprints of significant regulatory initiatives that would likely shape the nexus between intellectual property and competition law. Indeed, the most influential jurisdictions, the European Union (EU) and the United Kingdom (UK) have launched fresh inquiries concerning the framework of SEP and FRAND. Below we discuss these developments and then elaborate on the Turkish stance related to the matter.

The First Settlement Decision in Turkey at a Glance:  Philips et al. Case

Competition Law | Articles

The First Settlement Decision in Turkey at a Glance: Philips et al. Case

The implementation of the settlement mechanism by the Turkish Competition Authority (“TCA”) is becoming more and more common every day ever since the Regulation on the Settlement Procedure for Investigations on Anticompetitive Agreements, Concerted Practices, Decisions and Abuse of Dominant Position ("Settlement Regulation") entered into force on July 15, 2021. It is evident that the TCA has sped up the implementation of the settlement mechanism and is looking forward to applying this mechanism effectively.

Fintech in Turkey: Regulation & Competition Law Update

Competition Law | Articles

Fintech in Turkey: Regulation & Competition Law Update

A lot has changed in the outlook of fintech regulatory ecosystem since the last four months in Turkey. Starting from Central Bank’s Regulation on Payment Services and Electronic Money and Payment Service Providers; Turkish Competition Authority, with its game-changing Report on Financial Technologies in Payment Services, and Banking Regulation and Supervision Agency (“BRSA”), issuer of the Rules on the Operation of Digital Banks and Service Model Banking, have been vigorous for setting the rules of the game in fintech industry. Finally, the Finance Office of Turkish Presidency’s Fintech Ecosystem Status Report has revealed the upcoming National Fintech Strategy Paper’s fundamental aims, along with the good news on the establishment of Istanbul Finance and Technology Base. In this brief, we summarise the latest developments in Fintech industry from Turkey.

Bilgi Üniversitesi Kariyer Günleri-2022

Competition Law | News

Bilgi Üniversitesi Kariyer Günleri-2022

Bilgi Üniversitesi 20. Hukukta Kariyer Günleri kapsamında 24 Mart tarihinde, kıdemli danışmanımız Mustafa Ayna ve danışmanımız Özlem Başıböyük, Hukuk Fakültesi öğrencileri ile sohbet toplantısı gerçekleştirdi. Danışmanlarımız, öğrencilere ACTECON'da çalışmaya ve çalışma alanlarına dair bilgi verdi. Ayrıca iş yaşamında genç hukukçulardan beklentilerimizi aktardı.

İdari Yargı Rekabet Kurumu’na Neler Fısıldıyor: İptal/Bozma Kararlarının Sentezi

Competition Law | News

İdari Yargı Rekabet Kurumu’na Neler Fısıldıyor: İptal/Bozma Kararlarının Sentezi

Kıdemli danışmanımız Caner K. Çeşit'in 10.03.2022 tarihinde Bilgi Üniversitesi Uygulamalı Rekabet Hukuku Seminerleri 2022 Bahar dönemi programı kapsamında sunduğu "İdari Yargı Rekabet Kurumu’na Neler Fısıldıyor: İptal/Bozma Kararlarının Bir Sentezi" başlıklı sunumuna aşağıdaki bağlantıdan ulaşabilirsiniz. https://www.youtube.com/watch?v=8r2dpyXem5A

Communiqué Concerning the Mergers and Acquisitions Calling for the Authorization of the Competition Board Has Been Amended

Competition Law | Articles

Communiqué Concerning the Mergers and Acquisitions Calling for the Authorization of the Competition Board Has Been Amended

On 04.03.2022, important amendments and additions has been introduced to the Communiqué Concerning the Mergers and Acquisitions Calling for the Authorization of the Competition Board (“Communiqué No. 2010/4”). With this article, it is aimed to summarize these latest amendments in the Communiqué No. 2010/4. Communiqué on Amendments Concerning Communiqué No. 2010/4 (“Communiqué No. 2022/2”) has been published on 04.03.2022 in the Official Gazette thereby amending the turnover thresholds required for a merger and acquisition transaction to be subject to the Turkish Competition Authority’s (“TCA”) approval.

Subscribe

Subscribe to The Output® to get the latest news and articles about competition law, international trade and regulatory matters.

Subscribe