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Turkish Competition Law in a Nutshell: Key Concepts and Principles

Distributor Agreements in Turkish Competition Law
Vertical agreements are defined as agreements that are concluded between two or more undertakings operating at different levels of the production or distribution chain, with the aim of the purchase, sale or resale of goods or services. The concept of vertical restraint is not explicitly defined in ...
Dominance in Turkish Competition Law
Article 3 of Law No. 4054 on the Protection of Competition (Law No. 4054) sets forth the definition of dominance as the power of one or more undertakings in a particular market to determine economic parameters such as price, supply, the amount of production and distribution, by acting independently...
Economic Unity Concept in Turkish Competition Law
The principle of economic unity is adopted in the definition of undertakings under Law No 4054 on the Protection of Competition (Law No. 4054). Although it may be characterized as independent in terms of other branches of law, the economic unit, which is not independent in its decisions in terms of...
Effects Doctrine in Turkish Competition Law
Turkey is one of the “effects theory” jurisdictions, where what matters is whether an activity or practice has produced effects on the Turkish markets, regardless of the nationality of the relevant undertakings, where the activity or practice in question took place or whether the releva...
Excessive Pricing in Turkish Competition Law
Under Turkish competition law, in addition to the exclusionary practices aimed to exclude competitors, the exploitative practices aimed to exploit consumers are also condemned as a form of abuse of dominance, even if the latter does not lead to direct harm to competition. Excessive pricing and impo...
Exchange Rate Required to be Used to Convert Turnover and Asset Values under Turkish Merger Control Regime
For converting the annual turnover of an undertaking in foreign currency to TL, average buying rate of exchange of the Central Bank of Turkey for the financial year the turnover is generated is taken into consideration as the rate of exchange. For more information on exchange rate required to be us...
Exclusionary Conduct in Turkish Competition Law
The Guidelines on the Assessment of Exclusionary Conduct by Dominant Undertakings (Guidelines) define “abuse” as when a dominant undertaking takes advantages of its market power to engage in activities which are likely, directly or indirectly, to reduce consumer welfare. Although abuse ...
Exclusive Dealing in Turkish Competition Law
Exclusive dealing obligations (i.e., single branding obligations), where a supplier obliges the buyer to purchase the entirety (or a significant portion) of its product requirements from a single supplier, normally falls under the scope of Article 4 of Law No. 4054 on the Protection of Competition ...
Exclusive Distribution in Turkey
Exclusivity arrangements are vertical agreements which include the obligation to collaborate solely among party/parties to the arrangement. Under an exclusive distribution agreement, a supplier may grant an exclusive purchase, sale, or resale right of a specific product or service to a distributor,...
Export Bans in Turkish Competition Law
The ban on parallel exports is a significant issue with regard to territorial exclusivity. Turkish competition law evaluates restrictions on export sales on two fronts: (i) direct restrictions imposed by the supplier to the export sales of the buyer (i.e., direct export bans), and (ii) indirect res...
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