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Turkish Competition Law in a Nutshell: Key Concepts and Principles

Abuse of Dominance in Turkish Competition Law
Article 6 of Law No. 4054 on the Protection of Competition (Law No. 4054), which is akin to Article 102 of the TFEU, is the primary legislation that applies specifically to the behaviour of dominant undertakings. Article 6 provides that the abuse, by one or more undertakings, of their dominant posi...
Acquisition of Joint Control under Turkish Merger Control Regime
Pursuant to the Guidelines on Cases Considered as a Merger or an Acquisition and the Concept of Control (Control Guidelines), joint control exists where two or more undertakings or persons have the possibility of exercising decisive influence over another undertaking. The main feature of joint cont...
Acquisition of Non-Controlling Stake in Turkish Merger Control Regime
When identifying if an acquisition of a non-controlling stake constitutes a subject to merger filing in Turkish merger control regime, the concept of control as it is understood in Turkish Law needs to be examined. Pursuant to Communiqué No. 2010/4 Concerning the Mergers and Acquisitions Cal...
Acquisition of Sole Control in Turkish Merger Control Regime
Pursuant to the Guidelines on Cases Considered as a Merger or an Acquisition and the Concept of Control (Guidelines), when one undertaking alone has a decisive influence on another undertaking, this would constitute sole control. The Guidelines list two general situations in which an undertaking is...
Adjustments After the Date of the Last Audited Accounts under Turkish Merger Control Regime
Under Turkish merger control regime, the turnover is calculated based on the last audited financial statements of the merging parties. However, adjustments after the date of these audited accounts can create challenges in establishing whether a transaction meets the thresholds for notification. The...
Agency Agreements in Turkish Competition Law
In Turkish competition law practice, the relationship between an undertaking and its agency is in principle not considered as an anti-competitive agreement within the scope of Article 4 of Law No. 4054 on the Protection of Competition (Law No. 4054) due to the fact that the agency and the undertaki...
Aggravating Factors for Sanctions in Turkish Competition Law
In setting the administrative monetary fine, the Turkish Competition Board (Board) takes into account the following aggravating factors set out under Article 6 of the Regulation on Fines to Apply in Cases of Agreements, Concerted Practices and Decisions Limiting Competition, and Abuse of Dominant P...
Ancillary Restraints in Turkish Competition Law
Under Turkish merger control regime, ancillary restraints could be non-compete, non-solicit clauses imposed on the seller, and rarely on both parties. These are directly related to the concentration, necessary for the transaction’s implementation, and to fully achieve the efficiencies expecte...
Anti-competitive Agreements Regime in Turkey
Anti-competitive agreements are regulated under Article 4 of Law No. 4054 on the Protection of Competition (Law No. 4054), which aims to prohibit and illegalise the agreements and concerted practices, as well as the decisions of the associations of undertakings, which prevent, distort or restrict c...
Asset Transfers and Acquisitions under Turkish Merger Control Regime
Under Turkish merger control regime, the concept of “control” is understood to be the right to exercise decisive influence on strategic business decisions; and it can be exercised de jure or de facto. Control may take the form of sole or joint control over an undertaking. As such, pursu...
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