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The TCA’s Tough Stance towards Information Exchange through Associations of Undertakings

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.

The TCA’s Decision Regarding the Turkish Pharmacists Association Has Been Overturned

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.

The Turkish Competition Authority Cleared the Merger Transaction Between FCA and PSA, But Subject to Conditions…

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.

Turkish Competition Authority Has Published Its Long-awaited Reason of the Google Adwords Decision

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.

Turkish Competition Authority Has Published the Preliminary Report on the E-Marketplace Sector Inquiry: Legislation is Around the Corner

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.

Rekabet Hukukunda Geçici Tedbir Kararlarının Yükselişi

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.

Competition Problems in Distribution Networks: The Turkish Competition Authority Involved with a Heavy Hand

Competition Law | Articles

Competition Problems in Distribution Networks: The Turkish Competition Authority Involved with a Heavy Hand

Electricity is an indispensable product for end-users and the electricity market has a sophisticated market structure. In the past, the generation, transmission, distribution, and retail operations of electricity were all done on public property, in a vertically integrated structure. Turkish electricity market had gone through a difficult liberalization process towards a competitive market. This process, which picked up speed in 2001 with the entry into force of the Electricity Market Law No. 4628, moved to another stage with the Electricity Market Law No. 6446, which came into force in 2013.

The Turkish Competition Authority Publishes the 2021 Effect Analysis Report

Competition Law | Articles

The Turkish Competition Authority Publishes the 2021 Effect Analysis Report

Competition authorities conduct various studies to demonstrate the economic effects of their activities as well as to evaluate the appropriateness of the decisions they make in accordance with the principles of transparency and accountability. Within this framework, such studies are also conducted by the Turkish Competition Authority (“TCA”). These studies, the first of which was published in 2017 and covered the three-year period between 2014 and 2016, are carried out by the Economic Analysis and Research Department and includes evaluations regarding the estimation of the measurable economic effects of the TCA’s decisions on consumer benefits.

The Turkish Competition Authority’s M&A Overview Report for 2020 Has Been Published

Competition Law | Articles

The Turkish Competition Authority’s M&A Overview Report for 2020 Has Been Published

The Turkish Competition Authority’s (“TCA“) Mergers and Acquisitions Overview Report for 2020 (“Report“) has been published at the TCA’s official website on March 5, 2021. The Report provides an overview of the TCA’s activities in terms of merger control in 2020 and includes statistical information on the merger control filings by also making a comparison between 2020 and previous years. The Report mainly aims to provide a brief summary of the developments in 2020 with regards to M&A transactions.

The TCA Rules: State Owned Financial Entities are under the Same Economic Unity

Competition Law | Articles

The TCA Rules: State Owned Financial Entities are under the Same Economic Unity

On 9 December 2020, the Turkish Competition Authority (“TCA”) published a reasoned decision concerning an individual exemption application regarding two bancassurance agreements signed between (i) Güneş Sigorta A.Ş. (“Güneş Sigorta”) and Türkiye Vakıflar Bankası T.A.O. (“Vakıfbank”), (ii) Vakıf Emeklilik ve Hayat A.Ş. (“Vakıf Emeklilik”) and Vakıfbank. Concerned bancassurance agreements are aimed to gather non-life insurance services, life insurance services and personal pension services under one roof.

No Exemption for Johnson&Johnson In Any Way

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.

Main Developments in Competition Law and Policy 2020: Turkey

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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