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Turkish Competition Law in a Nutshell: Key Concepts and Principles

Resale Price Maintenance in Turkey
Article 4 of Law No. 4054 on the Protection of Competition (Law No. 4054) lists certain restrictions which are prohibited under Turkish competition law. Fixing the purchase or sale price of products or services, or those elements such as cost and profit which form the price, and any terms of purcha...
Responsible Party for Submitting the Filing under Turkish Merger Control Regime
Under the Turkish merger control regime, persons or undertakings that are parties to the transaction or their authorized representatives can make the filing, jointly or severally. In case of filing by one of the parties, the filing party should notify the other party of the fact of filing. In pract...
Restrictive Agreements in Turkish Competition Law
The relevant legislation for the prohibition of restrictive agreements (including cartels) and for enforcement regime in Turkey is Law No. 4054 on the Protection of Competition (Law No. 4054). Article 4 of Law No. 4054 prohibits the agreements and concerted practices, as well as the decisions of th...
Sales Bans in Turkish Competition Law
Pursuant to Article 4 of the Block Exemption Communiqué No. 2002/2 on Vertical Agreements (Communiqué No. 2002/2), restrictions requiring the buyer not to sell the products or services in certain geographic territories or to certain customers may be considered as a violation by object...
Sanctions in Turkish Competition Law
Under the Turkish legal regime, competition law violations are classified as misdemeanours. As the general law applied to misdemeanours, Law No. 5326 on Misdemeanours defines misdemeanour as a tort for which the law requires imposition of administrative sanctions. Therefore, sanctions that the Turk...
Selective Distribution in Turkey
Selective distribution agreements, like exclusive distribution agreements, restrict the number of authorised resellers as well as the possibilities of resale. The difference between selective and exclusive distribution is that the restriction of the number of resellers within the selective distribu...
Self-Preferencing in Turkish Competition Law
While the Turkish competition law regime has no specific rules on self-preferencing for the time being, the Turkish Competition Board (Board) is not unfamiliar with self-preferencing conduct. In previous decisions, although the Board did not explicitly evaluate the investigated conduct under self-p...
Settlement Mechanism in Turkish Competition Law
Article 43 of Law No. 4054 on the Protection of Competition (Law No. 4054) governs the settlement mechanism and the Regulation on the Settlement Procedure Applicable in Investigations on Agreements, Concerted Practices and Decisions Restricting Competition and Abuses of Dominant Position (Settlemen...
Shifting Alliances under Turkish Merger Control Regime
Pursuant to Article 5(1) of Communiqué No. 2010/4 Concerning Mergers and Acquisitions Requiring the Approval of the Competition Board (Communiqué No. 2010/4), which is akin to Article 3(1) of the EU Merger Regulation (EUMR), a merger or acquisition is considered a “concentration...
Specialization Agreements in Turkish Competition Law
Block Exemption Communiqué No. 2013/3 on Specialization Agreements (Communiqué No. 2013/3) establishes the conditions for granting block exemptions to specialization agreements between undertakings and extends this exemption to licensing or intellectual property transfer agreements th...
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