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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.

The Turkish Competition Authority Fines Auto Expertise Service Providers for Price Fixing and Supply Cartel (Auto / Çözüm / Dyno Max...)

Competition Law | Articles

The Turkish Competition Authority Fines Auto Expertise Service Providers for Price Fixing and Supply Cartel (Auto / Çözüm / Dyno Max...)

On 17 December 2020, the Turkish Competition Authority (“TCA”) announced, on its website, the reasoned decision as a result of its investigation against certain auto expertise services providers in a province of Turkey (i.e. Gaziantep), unveiling a price fixing and supply cartel among the concerned service providers.

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.

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