Cartel Infringements in Turkey

The relevant legislation on cartel regulation in Turkey is Law No. 4054 on Protection of Competition (Law No. 4054). The definition of “cartel” is provided under the Regulation on Active Cooperation for Detecting Cartels (Leniency Regulation) as well as the Guidelines on the Explanation of the Regulation on Active Cooperation for Detecting Cartels (Leniency Guidelines). The definitions provided by the Leniency Regulation and the Leniency Guidelines are identical and akin to the cartel definition adopted by other jurisdictions. Accordingly, Leniency Regulation defines cartels agreements and/or concerted practices restricting competition between competitors for fixing prices; allocation of customers, providers, territories or trade channels; restricting the amount of supply or imposing quotas and bid rigging.

Article 4 of Law No. 4054, which is almost identical to Article 101(1) TFEU, prohibits all forms of anti-competitive agreements, whether horizontal or vertical, that have the effect or object of restricting competition. This broad prohibition grants significant discretionary power to the Turkish Competition Authority (Authority) in its review of anti-competitive agreements and concerted practices. Cartels are considered inherently anti-competitive and are thus deemed to restrict competition by object, relieving the Authority from the requirement of conducting an effect analysis. The Authority's strict stance towards cartel allegations has resulted in a per se treatment.

For more information on cartels in Turkish competition law, please feel free to reach out to ELIG Gurkaynak at +90 212 327 1724 or through gonenc.gurkaynak@elig.com.