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The Turkish Administrative Court Decided that the Practices based on Secondary Legislation in Force Cannot be Deemed as Violation of the Competition Law

Competition Law | Articles

The Turkish Administrative Court Decided that the Practices based on Secondary Legislation in Force Cannot be Deemed as Violation of the Competition Law

On 13 October 2020, the Turkish Competition Authority (“TCA”) announced that Ankara 17th Administrative Court (“Court”) suspended[1] the TCA’s decision fining the practices of Electrical Engineers Chamber (Elektrik Mühendisleri Odası – “EMO”[2]) with respect to the establishment of minimum fees for the services to be rendered by the concerned professionals[3] and on 5 November 2020, 8th Administrative Chamber of Ankara Regional Administrative Court (“Regional Court”) rejected the TCA’s appeal against this suspension decision

Guards Up for Multinational Companies in Case of an On-The-Spot Inspection

Competition Law | Articles

Guards Up for Multinational Companies in Case of an On-The-Spot Inspection

On-the-spot inspections are one of the most powerful tools granted to competition authorities while conducting their investigations. Indeed, as in other jurisdictions, Article 15 of the Law No. 4054 on the Protection of Competition grant the Turkish Competition Authority the ability to examine and seize a copy of books, paper works, documents, or internal communications during an on-site inspection conducted at the premises of a company. The employees of the relevant company are obliged to provide copies of such documents as requested.

Commitment Mechanism: The TCA’s First Rejection Decision

Competition Law | Articles

Commitment Mechanism: The TCA’s First Rejection Decision

On 28.08.2020, The Turkish Competition Authority (“TCA”) rejected an application with respect to the newly introduced commitment procedure for the first time via its decision numbered 20-36/485-212. (“Rejection Decision”). This decision is of particular importance since it sets out details about the deadline to offer commitments during an investigation. Under this piece, we are going to briefly explain the background of the newly introduced commitment procedure under the Act on the Protection of Competition (“Competition Law”) and later delve into the freshly published Rejection Decision.

A Reflection of the Turkish Competition Authority’s Enforcement History for Examination of Digital Data During On-Site Inspections: Guidelines on Examination of Digital Data During On-Site Inspections Has Been Published

Competition Law | Articles

A Reflection of the Turkish Competition Authority’s Enforcement History for Examination of Digital Data During On-Site Inspections: Guidelines on Examination of Digital Data During On-Site Inspections Has Been Published

On June 24, 2020, the long-awaited and discussed amendments on the Law No. 4054 on Protection of Competition (“Competition Law”) have entered into force with the object of (i) reflecting the Turkish Competition Authority’s (“TCA”) experience and know-how since 1997, (ii) the change in the markets in Turkey and globally and (iii) developments in technology and further compliance with the European Union competition law.

Towards a More Effective Enforcement? - Turkish Competition Authority Steps into the Realm of De Minimis

Competition Law | Articles

Towards a More Effective Enforcement? - Turkish Competition Authority Steps into the Realm of De Minimis

On 23.10.2020, the Turkish Competition Authority (“TCA”) published a draft of its long-awaited Communiqué on Agreements, Concerted Practices, and undertaking association decisions of minor importance which do not appreciably restrict competition (“Draft Communiqué”) modelled after the European Commission’s (“EC”) De Minis Notice (2014/C 291/01) (“De Minimis Notice”). The TCA is now accepting opinions and comments from various stakeholders on the matter until the deadline of 23.11.2020.

No Excuses to Not Responding to Information Requests: Financial Institutions Case in Turkey

Competition Law | Articles

No Excuses to Not Responding to Information Requests: Financial Institutions Case in Turkey

The issuance of requests for information (“RFIs”) within the scope of an investigation or a merger control case can be deemed one of the main tools that enables, on the one hand, a competition authority to have a better understanding of the actual market situations as well as the nature of the alleged conducts, and on the other hand, provides a hint to the concerned undertakings about the potential assessments to be made by that authority.

Who's Who Legal 2020-World's Leading Competition Lawyers 2020

Competition Law | News

Who's Who Legal 2020-World's Leading Competition Lawyers 2020

ACTECON proudly announces, its managing partner Mr. Bahadır BALKI has once again been selected by Global Competition Review and Who's Who Legal as one of the “World’s leading Competition Lawyers” in 2020. Mr. BALKI has been listed in Who’s Who Legal as a World’s leading competition lawyer since 2015. We are grateful for the invaluable support of our clients and colleagues in the selection and nomination process. ACTECON is committed to competition law since its founding 17 years ago. As a result of this commitment, our expertise is acknowledged by the worldwide leading Competition Law research groups. Thanks again to all the contributors.

After Almost 13 Years Long Fight, the Constitutional Court Ruled that the Principle of Legality of Crimes and Punishments Violated with Respect to Determination of Administrative Fine by the Turkish Competition Authority (Onmed)

Competition Law | Articles

After Almost 13 Years Long Fight, the Constitutional Court Ruled that the Principle of Legality of Crimes and Punishments Violated with Respect to Determination of Administrative Fine by the Turkish Competition Authority (Onmed)

On 30 September 2020, the Constitutional Court’s long-awaited decision as regards the controversies arisen from the application of the most favorable law in competition law cases was announced in the Turkish Official Gazette . This decision appears to be a crucial one as it is the first decision of the Constitutional Court finding a violation of constitutional rights of the concerned undertaking during the appeal process of a competition law case .

A Record Fine Was Imposed by the Turkish Competition Authority on Four Major Players Operating in the Fuel Distribution Sector

Competition Law | Articles

A Record Fine Was Imposed by the Turkish Competition Authority on Four Major Players Operating in the Fuel Distribution Sector

In March 2020, the Turkish Competition Authority (“TCA”) imposed a hefty fine amounting to approximately TRY 1.5 billion in total (approx. EUR 170 million) on four undertakings operating in the fuel distribution sector, namely BP Petrolleri A.Ş. (“BP”), OPET Petrolcülük A.Ş. (“OPET”), Petrol Ofisi A.Ş. (“PO”) and Shell & Turcas A.Ş. (“Shell”) . The fine was based on the premises that the concerned undertakings violated Article 4 of the Law No. 4054 on the Protection of Competition (“Competition Law”) via the resale price maintenance practices which is often on the TCA’s agenda in the recent times.

Google Removes Display of Its Shopping Unit in Turkey

Competition Law | Articles

Google Removes Display of Its Shopping Unit in Turkey

On 29th of July, Google announced that starting from 10th of August, it will be removing shopping ads (or “the Shopping Unit” as referred by the TCA as well as by the EU Commission) from its search pages in Turkey. According to the tech giant, the decision was taken because of the uncertainties surrounding the fate of the remedy package that it has proposed to comply with the TCA’s Shopping Decision .

Evaluating Algorithms' Role Within the Scope of Competition Law

Competition Law | News

Evaluating Algorithms' Role Within the Scope of Competition Law

Our associate Celal Duruhan Aydınlı, together with our trainee Damla Çelen made a presentation on 21.08.2020, titled “Evaluating Algorithms' Role Within the Scope of Competition Law” in Legaltech/Fintech Group seminar series organized with the joint efforts of ELSA Ankara, ELSA Pisa and ELSA Heidelberg.

ELSA Turkey -Artificial Intelligence Law 101

Regulation | News

ELSA Turkey -Artificial Intelligence Law 101

Our associate Celal Duruhan Aydınlı, made a presentation titled "Artificial Intelligence Law 101" in ELSA Turkey Law Academy event organized by ELSA Turkey.

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