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A New Age for Digital Markets in Turkey? The Draft Amendment to the Law No. 4054 on the Protection of Competition

Competition Law | Articles

A New Age for Digital Markets in Turkey? The Draft Amendment to the Law No. 4054 on the Protection of Competition

This blogpost will give an overview on the draft amendment (the “Draft Amendment”) to the Law No. 4054 on the Protection of Competition (the “Law No. 4054”). The key points of the Draft Amendment concern (i) introducing definitions of core platform services into the Law No. 4054 and allowing the possibility to introduce regulations on the conducts of certain undertakings ...

GC Summit Türkiye 2022

Competition Law | News

GC Summit Türkiye 2022

ACTECON was the Networking Sponsor of the GC Summit Türkiye 2022 hosted by The Legal 500 (Legalease) on Thursday, October 13, 2022 at Çırağan Palace Kempinski. Our Managing Partner, Bahadır Balkı delivered a welcome speech before the drinks reception. The event was attended by many GC’s and in-house counsels as well as other legal professionals.

Turkish Competition Authority Terminated its Investigation Against Leading e-Scooter Rental Firm with Commitments

Competition Law | Articles

Turkish Competition Authority Terminated its Investigation Against Leading e-Scooter Rental Firm with Commitments

New markets are under the intense scrutiny of the Turkish Competition Authority (“TCA”) due to new competitive concerns arising from the disruption that has emerged with the technological changes in the markets. Recently, the TCA has shifted its focus to emerging markets while monitoring the traditional markets constantly.

New edition of our book “Merger Control in the EU and Turkey: A Comparative Guide” published

Competition Law | News

New edition of our book “Merger Control in the EU and Turkey: A Comparative Guide” published

We are excited to announce the new edition of ACTECON’s book “Merger Control in the EU and Turkey: A Comparative Guide”, a publication by Wolters Kluwer.

Of SIEC-Test and Thresholds: Merger Control 2022 in Turkey

Competition Law | Articles

Of SIEC-Test and Thresholds: Merger Control 2022 in Turkey

The substantial rules of the Turkish merger control are taken from the corresponding EU provisions. The amendments to the Turkish Competition Law in 2020 introduced the SIEC test to improve the concentration control regime and harmonize it with the EU rules even further.

Lack of Evidence is not Evidence: TCA’s Differing Approach to Standard of Proof for Hinderance of On-Site Inspections

Competition Law | Articles

Lack of Evidence is not Evidence: TCA’s Differing Approach to Standard of Proof for Hinderance of On-Site Inspections

In accordance with the Turkish Competition Authority’s (“TCA”) decision dated 25.11.2021 and numbered 21-57/796-M, the TCA initiated an investigation against undertakings in the market for fast-moving consumer goods to ascertain whether Article 4 of Law No. 4054 on the Protection of Competition (“Competition Law”) has been violated.

WWL-World’s Leading Competition Lawyers in 2022

Competition Law | News

WWL-World’s Leading Competition Lawyers in 2022

ACTECON proudly announces, its managing partner Mr. Bahadir 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 2022. Mr. BALKI has been listed in Who’s Who Legal as the 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 19 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.

Automotive Companies are Cleared of the Allegations of Stockpiling and Competitively Sensitive Information Exchange!

Competition Law | Articles

Automotive Companies are Cleared of the Allegations of Stockpiling and Competitively Sensitive Information Exchange!

The automotive sector has been on the radar of the Turkish Competition Authority (“TCA”) for a long time. In this sense, the TCA conducted an investigation (“Investigation”) regarding the allegations that some undertakings operating in the first-hand and second-hand automotive markets violated Law. No. 4054 on the Protection of Competition (“Competition Law”) via stockpiling and increasing the vehicle prices together.

TÜRKIYE & EMEA: 8TH ANNUAL INTERNATIONAL ARBITRATION & CORPORATE CRIME SUMMIT

Competition Law | News

TÜRKIYE & EMEA: 8TH ANNUAL INTERNATIONAL ARBITRATION & CORPORATE CRIME SUMMIT

Turkey & EMEA - 8th Annual International Arbitration & Corporate Crime Summit on the 1st September 2022 which will be highlighting essential issues in 2022 (post pandemic) and covering essential hot topics on technology, Arbitration updates, Corporate Crime & Competition law. We are very excited to attend another Summit. The summit will bring together general counsels, inhouse counsels and Risk & Compliance professionals from leading companies for this Live & hybrid business & networking Summit. Our counsel Erdem Aktekin will make a presentation about "Competition Law in Digital Markets".

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”).

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