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Turkish Competition Law in a Nutshell: Key Concepts and Principles

Margin Squeeze in Turkish Competition Law
Pursuant to the Guidelines on the Assessment of Exclusionary Abusive Conduct by Dominant Undertakings, margin squeeze is a pricing strategy of a vertically integrated company that is (i) active both in the downstream and upstream market of a production/service chain, and (ii) in a dominant position...
Market Sharing in Turkey
The relevant legislation for the prohibition of restrictive agreements (including cartels) and for enforcement regime in Turkey is Law No. 4054 on the Protection of Competition (Law No. 4054), and the applicable provision is Article 4. It lays down the basic principles of the cartel regulation and ...
Merger Control Regime in Turkey
Article 7 of Law No. 4054 on the Protection of Competition (Law No. 4054) prohibits the mergers and acquisitions that would result in a significant lessening of effective competition, particularly in the form of creating or strengthening a dominant position in any given market in Turkey. The Turkis...
Minority Shareholding in Turkish Merger Control Regime
Under Turkish merger control regime, acquisition of a minority shareholding may amount to a notifiable transaction if and to the extent it leads to a change in the control structure of the target entity. Control can be constituted by rights, agreements or any other means which, either separately or...
Mitigating Factors for Sanctions in Turkish Competition Law
Article 7 of the Regulation on Fines to Apply in Cases of Agreements, Concerted Practices and Decisions Limiting Competition, and Abuse of Dominant Position (Regulation on Fines) provides the mitigating factors that may be taken into account by the Turkish Competition Board (Board) in determining m...
Non-compete Obligations in Turkish Competition Law
Under Article 3(d) of Block Exemption Communiqué No. 2002/2 on Vertical Agreements (Communiqué No. 2002/2), a non-compete obligation is defined as any kind of direct or indirect obligation preventing the buyer from producing, purchasing, selling or reselling products or services that ...
Non-Horizontal Concentrations in Turkey
The Guidelines on the Assessment of Non-Horizontal Mergers and Acquisitions (Guidelines) defines merger and acquisition transactions between undertakings operating in different relevant product markets as non-horizontal mergers and acquisitions. Non-horizontal mergers and acquisitions are segmented...
No-poaching Agreements in Turkey
No-poaching agreements have been one of the hot topics on the Turkish Competition Authority’s (Authority) agenda in recent years. Labour markets are considered as input markets where employees provide the workforce. Agreements between competitors, which aim to or have the effect of preventing...
Notification Requirement under Turkish Merger Control Regime
Turkey is a jurisdiction with a pre-merger notification and approval requirement, much like the European Union regime. Concentrations that result in a change of control are subject to the Turkish Competition Board’s approval, provided they exceed the applicable turnover thresholds. Pursuant t...
On-Site Inspections in Turkish Competition Law
Article 15 of Law No. 4054 on the Protection of Competition (Law No. 4054) empowers the case handlers to (i) examine the books and all kinds of data and documents of undertakings and trade associations kept on physical or electronic media and in information systems and take copies if deemed necessa...
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