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White Appliances Sector is Under Turkish Competition Authority's Spotlight

Competition Law | Articles

White Appliances Sector is Under Turkish Competition Authority's Spotlight

Upon the application made by an anonymous party to the Turkish Competition Authority ("TCA") on October 21, 2017, the TCA has initiated a preliminary investigation in order to determine whether Article 4 of the Law on the Protection of the Competition ("Competition Law") is violated by Arçelik Pazarlama A.Ş. ("ARÇELİK"), Vestel Ticaret A.Ş. ("VESTEL") and BSH Ev Aletleri Sanayi ve Ticaret A.Ş.

The Turkish Competition Authority Finds No Competition Law Violation in Media Barometer

Competition Law | Articles

The Turkish Competition Authority Finds No Competition Law Violation in Media Barometer

The Turkish Competition Authority (“TCA”) has concluded its investigation against Diye Danışmanlık Eğitim ve Medya Hizmetleri Tic A.Ş.’s (“yurddaş + partners”) Media Barometer services. It is decided that Media Barometer, which is a media performance measurement service that includes a price comparison system for advertisers, does not violate the Law No. 4054 on the Protection of Competition (“Competition Law”)

The Court Annuls the Decision of the TCA

Competition Law | Articles

The Court Annuls the Decision of the TCA

The Tenth Administrative Court of Ankara annuls the decision of the Turkish Competition Authority in a case regarding concerted practices between cement producers on the ground that the required standard of proof was not met. (GOLTAS Cement)

The Standard of Proof in Concerted Practices Redefined

Competition Law | Articles

The Standard of Proof in Concerted Practices Redefined

The Turkish Competition Authority ("TCA") had found that six cement producers operating in the Aegean Region of Turkey entered into a concerted practice to allocate certain geographical regions amongst themselves and to collectively raise the prices of cement products during the time period starting from January-March 2013 and ending in October-December 2014

Leniency Concluded with TCA’s Opinion Instead a Full-Fledged Investigation-Ready Mix Concrete Industry

Competition Law | Articles

Leniency Concluded with TCA’s Opinion Instead a Full-Fledged Investigation-Ready Mix Concrete Industry

Parallel to the European Union Regulation No 17: First Regulation implementing Articles 85 and 86 of the Treaty, Article 9 (3) of the Law No. 4054 on the Protection of Competition (“Competition Law”) regulates “termination of infringements” as “the Board, prior to taking a decision (…) shall inform in writing the undertaking or associations of undertakings concerned of its opinions concerning how to terminate the infringement”.

Turkish Safeguard Legislation from the Perspective of the Latest PET Case

International Trade | Articles

Turkish Safeguard Legislation from the Perspective of the Latest PET Case

On 16 January 2018, the Turkish Ministry of Economy ("Ministry") published a new regulation which contains the rules and procedures regarding the application, allocation and usage of the tariff quotas to be issued with regards to the imports of polyethylene terephthalate (having a viscosity number of equal to or more than 78 ml/g) listed under 3907.61.00.00.00 CN Code ("PET").

Turkish Competition Authority – Initiating More Investigations – Now What?

Competition Law | Articles

Turkish Competition Authority – Initiating More Investigations – Now What?

There are several ways triggering the Turkish Competition Authority ("TCA") to open an inquiry. The procedure may begin as a result of the TCA receiving a complaint, a leniency application or otherwise being notified of an alleged violation, or the TCA acting on its own initiative to open an inquiry. The TCA can do this in two ways - it can technically either open a preliminary investigation or a full-fledge investigation (while the former usually takes one to two months, the latter takes six months to one year).

Highlights on the Turkish Competition Authority's Recent Investigations

Competition Law | Articles

Highlights on the Turkish Competition Authority's Recent Investigations

The Turkish Competition Authority ("TCA") has been very active in the last three months. The TCA concluded ongoing investigations against companies active in iron- steel, alcoholic beverages and banking industries as well the pending merger review into the ro-ro transportation. In the meantime, the TCA launched investigations against; (i) Sahibinden.com into its alleged abuse of dominance, (ii) Sony Turkey into its alleged resale price maintenance practices, (iii) the Association of Turkish Travel Agencies into its alleged tying and discriminatory practices, and (iv) Radontek Medical into its alleged abusive practices.

Is "Lesser Duty Rule" a Tightrope Walker's Pole in International Trade Remedies Law of Turkey?

International Trade | Articles

Is "Lesser Duty Rule" a Tightrope Walker's Pole in International Trade Remedies Law of Turkey?

The recent developments in the case law have led the trade remedy law practitioners to bring the Turkish Ministry of Economy's ("Ministry") approach towards the implementation of the "lesser duty rule" to their agenda. There are deep concerns and raising voices of the interested stakeholders from both sides (domestic industry and foreign traders) as to the benefits and drawbacks of its application.

Developments on Vertical Agreements in Turkey: Draft Guidelines are Open to Public Consultations

Competition Law | Articles

Developments on Vertical Agreements in Turkey: Draft Guidelines are Open to Public Consultations

On 20 July 2017, the Turkish Competition Authority ("TCA") announced its draft amendments to the Guidelines on Vertical Agreements ("Draft Guidelines") on its website and provided the opportunity to the interested parties, including both the consumers and the undertakings, which are active in the markets that the amendments relate to, either to explain the market structure for better approach to be pursued or to raise the competitive concerns which may occur as a result of such amendments

New Anonymous Whistleblower Tool: Individuals in Fight Against Anti-Competitive Practices

Competition Law | Articles

New Anonymous Whistleblower Tool: Individuals in Fight Against Anti-Competitive Practices

Starting from 16 March 2017, individuals can help the European Commission ("EC") in uncovering cartels and other anti-competitive practices without disclosing their identity, made possible by the introduction of encrypted communications through an external service provider. Such positive step is expected to increase the effectiveness of the EC policies, as well as the workload of the competition authorities in their fight against anticompetitive practices.

Turkey Amends Merger Control Communiqué

Competition Law | Articles

Turkey Amends Merger Control Communiqué

The Turkish Competition Authority (the "TCA") amended the Communiqué governing the Turkish merger control implementation (Communiqué No. 2010/4 on Mergers and Acquisitions Requiring the Approval of the Competition Board on February 24, 2017. While there is no change to the currently applicable notification thresholds, the amendments concern the regime for successive transactions as well as for the change of control through stock exchange operations.

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