Interim Measures in Turkish Competition Law

In cases where there is a genuine urgency due to risks of serious and irreparable damage, as per Article 9(4) of Law No. 4054 on the Protection of Competition, the Turkish Competition Board (Board) is entitled to take interim measures before rendering a final decision on the conduct investigated in order to maintain the situation prior to the infringement.

In order to apply interim measures, there must be strong indications necessitating the imposition of a measure on relevant undertakings before the final decision is rendered. A review of the Board’s decisions shows that the Board applies interim measures in exceptional cases which require such a measure due to their particular dynamics. Consequently, interim measures are another tool that may be implemented by the Board in order to terminate violations, in case it is found that waiting for a final decision would create serious and irreparable harm that cannot be rectified.

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