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Turkish Competition Law in a Nutshell: Key Concepts and Principles

Hostile Takeovers under Turkish Merger Control Regime
Under Turkish merger control regime, there is no special rule for hostile takeovers; the Turkish Competition Board (Board) treats filings for hostile transactions in the same manner as other notifications. If the target does not cooperate and if there is a genuine inability to provide information d...
Hub & Spoke Cartels in Turkey
Hub & Spoke Cartels in Turkey The Turkish antitrust regime strictly prohibits cartels and deems them to be unlawful and hardcore restrictions of competition law. As the Turkish cartel legislation is administrative and civil in nature, not criminal, cartels are subject to administrative fines. Pu...
Individual Exemption Regime 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...
Information Exchange in Turkish Competition Law
Exchange of information between competitors falls under the scope of Article 4 of Law No. 4054 on Protection of Competition (Law No. 4054Board) takes into account the nature of the information exchanged and whether it leads to coordinated effects in the market, conducting a case-by-case analysis in...
Interim Measures in Turkish Competition Law
In cases where there is a genuine urgency due to risks of serious and irreparable damage, as per Article 9(4) of Law No. 4054 on the Protection of Competition, the Turkish Competition Board (Board) is entitled to take interim measures before rendering a final decision on the conduct investigated in...
Joint Commercialisation Agreements in Turkish Competition Law
Commercialisation agreements fall within the scope of Article 4 of the Law No 4054 on the Protection of Competition (Law No. 4054). The Guidelines on Horizontal Cooperation Agreements (Guidelines) set out the principles to be considered in the assessment of commercialization agreements within the f...
Joint Filing under Turkish Merger Control Regime
In Turkey, the creation of a joint venture must be notified to the Turkish Competition Authority (Authority), and the responsibility for filing lies with the parties involved in the transaction. In terms of joint venture establishments, under Turkish merger control regime, there is no duty to make ...
Joint Purchasing Agreements in Turkish Competition Law
Joint purchasing agreements fall within the scope of Article 4 of Law No. 4054 on the Protection of Competition (Law No. 4054), which prohibits and illegalise the agreements and concerted practices, Joint purchasing can be carried out through a company jointly controlled by multiple undertakings, a...
Judicial Review of the Turkish Competition Board’s Decisions
Judicial Review of the Turkish Competition Board’s Decisions In Turkish competition law, in line with the Turkish Constitution, Article 55 of Law No. 4054 on the Protection of Competition (Law No. 4054) authorises the administrative courts for judicial review of the decisions of the Turkish Co...
Leniency Mechanism in Turkish Competition Law
Leniency applications are regulated by the secondary legislation under Turkish competition law. These are the Regulation on Active Cooperation for Detecting Cartels (Regulation) and Guidelines on Active Cooperation for Detecting Cartels, which derive from Article 16(6) of Law No. 4054 on the Protec...
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