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Turkish Competition Law in a Nutshell: Key Concepts and Principles

Competition Restrictions in Turkey
Article 4 of Law No. 4054 on the Protection of Competition (Law No. 4054) prohibits all agreements between undertakings, decisions by associations of undertakings, and concerted practices that have (or may have) as their object or effect the prevention, restriction or distortion of competition; inc...
Concentrations Involving State-Owned Undertakings in Turkey
The term “undertaking” in competition law refers to a unique concept that is independent of the other law disciplines. Similar to the enforcement practices in other jurisdictions, Turkish competition law is concerned predominantly with the practices of “undertakings”. Articl...
Concerted Practices in Turkey
A concerted practice is a form of coordination which indicates an understanding for the removal of competition between two or more companies without a formal “agreement” or “decision”. The Turkish Competition Authority easily shifts the burden of proof in connection with con...
Confidentiality Requests in Turkish Competition Law
The protection of trade secrets is regulated under Communiqué No. 2010/3 on the Regulation of the Right of Access to the File and Protection of Trade Secrets (Communiqué No. 2010/3). Communiqué No. 2010/3 lists the conditions for information and documents to qualify as trade se...
Coordinated 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, the substantive assessment in the Turkish merger control ...
Data Portability in Turkish Competition Law
The Turkish competition law regime does not precisely address concerns surrounding access to data held by companies with market power in digital markets. However, the recent Draft Regulation on Amending Law No. 4054 on the Protection of Competition proposed restricting and regulating the access to ...
Decisive Influence in Turkish Merger Control Regime
Decisive influence is a key concept in the Turkish merger control regime, governed by Law No. 4054 on the Protection of Competition and Communiqué No. 2010/4 Concerning Mergers and Acquisitions Calling for the Authorization of the Competition Board (Communiqué No. 2010/4). This concep...
Defence Rights in Turkish Competition Law
Article 38(1) of the Turkish Constitution sets forth the presumption of innocence by indicating that no one shall be considered guilty until proven guilty in a court of law. Additionally, Article 36 of the Turkish Constitution also guarantees the right to a fair trial. Accordingly, under competitio...
Digital Markets Competition Law Enforcement in Turkey
Currently, there is no primary legislation specific to competition in digital markets in Turkey. The primary competition legislation in Turkey is Law No. 4054 on the Protection of Competition (Law No. 4054) and this law applies to competition in every market, including digital markets. In this resp...
Digital Mergers and Acquisitions in Turkish Merger Control Regime
Under Article 7(1) of Communiqué No. 2010/4 Concerning the Mergers and Acquisitions Calling for the Authorization of the Competition Board (Communiqué No. 2010/4), a transaction would be notifiable in case one of the following turnover thresholds is triggered: The aggregate Turkish tu...
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