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Turkish Competition Law in a Nutshell: Key Concepts and Principles

Substantive Test Applied in Turkish Merger Control Regime
The Turkish merger control provisions rely on the significant impediment of effective competition (SIEC) test to ascertain whether a merger may be cleared. Pursuant to Article 7 of Law No. 4054 on the Protection of Competition and Article 13 of Communique No.2010/4 on Mergers and Acquisitions Requi...
The Motor Vehicles Sector Block Exemption Regulation in Turkey
The New Block Exemption Communiqué No. 2017/3 for Vertical Agreements in the Motor Vehicle Sector (Communiqué No. 2017/3) in Turkey was published in the Official Gazette on February 24, 2017. The Turkish Competition Authority also published the Guidelines on the Block Exemption in the...
Turnover Calculation in Turkish Merger Control Regime
Article 8 of Communiqué No. 2010/4 Concerning Mergers and Acquisitions Requiring the Approval of the Competition Board (Communiqué No. 2010/4) regulates the calculation of the turnover. Accordingly, to calculate the turnover of each transaction party, the Turkish Competition Board tak...
Turnover Calculation Involving Financial Institutions in Turkish Merger Control Regime
Rules on calculation of turnover are contained in Communiqué No. 2010/4 Concerning the Mergers and Acquisitions Calling for the Authorization of the Competition Board (Communiqué No. 2010/4) and the Guidelines on Undertakings Concerned, Turnover and Ancillary Restraints in Mergers and...
Turnover Generated through Distributors in Turkish Merger Control Regime
Under Turkish competition law, when calculating the turnover of a party for merger control purposes, it is important to assess whether the turnover generated by sales through distributors should be included in the party’s overall turnover. This determination can significantly impact whether t...
Turnover Thresholds in Turkish Merger Control Regime
Under Turkish merger control regime, any transaction that exceeds certain turnover thresholds set out under Article 7 of Communiqué No. 2010/4 Concerning the Mergers and Acquisitions Calling for the Authorization of the Competition Board (Communiqué No. 2010/4) is subject to a mandato...
Tying and Bundling in Turkish Competition Law
The Guidelines on the Assessment of Exclusionary Conduct by Dominant Undertakings define tying as the practice of making the sale of one product (i.e., the “tying” product) a condition of the buyer’s acceptance to simultaneously purchase another product (i.e., the “tied&rdqu...
Unilateral Effects Assessment in Turkish Merger Control Regime
The Turkish merger control regime relies on the significant impediment of effective competition (SIEC) test to ascertain whether a merger may be cleared. As outlined in the Guidelines on the Assessment of Horizontal Mergers and Acquisitions(Guidelines), the substantive assessment in the Turkish mer...
VBER in Turkey
The main legislation applicable to vertical agreements and vertical restraints is Article 4 of Law No. 4054 on the Protection of Competition (Law No. 4054) in conjunction with the Block Exemption Communiqué No. 2002/2 on Vertical Agreements (Communiqué No. 2002/2) and the Guidelines o...
Vertical Agreements Guidelines in Turkey
The legislation applicable to vertical agreements and vertical restraints is the Article 4 of Law No. 4054 on the Protection of Competition, which is closely modelled on the Article 101.1 TFEU. It prohibits agreements and concerted practices with the object or (potential) effect of restricting comp...
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