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Turkish Competition Law in a Nutshell: Key Concepts and Principles

Bid Rigging in Turkish Competition Law
Even though bid rigging is not explicitly included within the non-exhaustive list of prohibited restrictive agreements set forth by Article 4 of the Law No. 4054 on the Protection of Competition (Law No. 4054), Article 3 of the Regulation on Fines to Apply in Cases of Agreements, Concerted Practice...
Block Exemption Regulations in Turkey
Certain restrictive agreements satisfying the conditions for the block exemption regime are exempted from the prohibition under Article 4 of Law No. 4054 on the Protection of Competition (Law No. 4054). Article 5 of Law No. 4054 empowers the Turkish Competition Board to, inter alia, issue communiqu...
Boycotts in Turkish Competition Law
Article 4 of Law No. 4054 on the Protection of Competition (Law No. 4054) contains a non-exhaustive list of restrictive agreements that is, to a large extent, identical to Article 10(1) of TFEU. This list defines the exclusion of undertakings operating in the market through boycotts or other conduc...
Cartel Enforcement Regime in Turkey
The Turkish Competition Authority (Authority) enforces the cartel prohibition and other provisions of Law. No. 4054 on the Protection of Competition (Law No. 4054) in Turkey. Cartel enforcement in Turkey is akin to that of European Commission and is civil, not criminal, in nature. The applicable pr...
Cartel Facilitator in Turkish Competition Law
The definition of ‘cartel facilitator’ is provided under the Regulation on Active Cooperation for Detecting Cartels (Leniency Regulation). Article 3 of the Leniency Regulation defines “cartel facilitator” as Undertakings and associations of undertakings which mediate for org...
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...
Closely Related Transactions under Turkish Merger Control Regime
Article 5(4) of Communiqué No. 2010/4 Concerning the Mergers and Acquisitions Calling for the Authorization of the Competition Board (Communiqué No. 2010/4) provides that closely related transactions that are tied to conditions or transactions realised over a short period of time by w...
Commitment Mechanism in Turkish Competition Law
Article 43(3) of Law No. 4054 on the Protection of Competition (Law No. 4054) provides that the investigated undertakings may offer commitments with respect to potential competition concerns under Articles 4 and 6 of Law No. 4054 during the preliminary investigation and the fully-fledged investigat...
Competition Infringements Investigations in Turkey
Pursuant to Article 40 of Law No. 4054 on the Protection of Competition (Law No. 4054), the Turkish Competition Board (Board) can either directly launch a fully-fledged investigation or launch a preliminary investigation in order to determine whether a fully-fledged investigation will be necessary....
Competition Law in Turkey
The statutory basis for Turkey’s competition law regime is Law No. 4054 on the Protection of Competition (Law No. 4054). Law No. 4054 finds its underlying rationale in article 167 of the Turkish Constitution, which authorizes the state to take appropriate measures to secure the competitive fu...
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