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Turkish Competition Law in a Nutshell: Key Concepts and Principles

Oral Hearings in Turkish Competition Law
Articles 46 and 47 of Law No. 4054 on the Protection of Competition (Law No. 4054), along with Communiqué No. 2010/2 on Hearings Held vis-à-vis the Competition Board (Communiqué No. 2010/2), govern the right and principles applicable to the oral hearing. The oral hearing is hel...
Output Restriction Cartels in Turkey
The relevant legislation for the prohibition of 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 of Law No. 4054. It lays down the basic principles of the cartel regulation and is applicable to bo...
Parental Liability in Turkish Competition Law
Parental liability in Turkish competition law is mainly concerned with holding parent companies accountable for the antitrust violations committed by parent companies. The main idea of this principle is that the parent company exercises decisive influence over its subsidiary, therefore making it re...
Passive Sales Restrictions in Turkey
“Passive sales” can be defined as sales that do not include an active effort by the distributor, even if the buyer carries out deliveries or advertises the product to a reasonable degree. According to the Guidelines on Vertical Agreements, advertisements or promotions of a general natur...
Penalties for Incomplete or Misleading Information in Notifications or Responses to Information Requests in Turkish Merger Control
As per Article 10(3) of Communiqué No. 2010/4 on Mergers and Acquisitions Requiring the Approval of the Competition Board, if any change occurs during the Turkish Competition Board’s (Board) review of a transaction regarding the information submitted in the filing, the parties have a l...
Post-Closing Non-Compete Obligations under Turkish Merger Control Regime
The Turkish merger control regime allows for non-compete obligations to be imposed on parties involved in a transaction, provided these are ancillary and proportionate to the transaction in question. In certain circumstances, these non-compete obligations may be justified as post-transaction restri...
Predatory Pricing in Turkish Competition Law
The concept of predatory pricing refers to a case where a dominant undertaking deliberately reduces its prices below cost, to loss-making levels, in order to discipline its existing competitors or to foreclose the market to a new entrant, and then increases the prices again, resulting in consumer h...
Price-Fixing Cartels in Turkey
At the top of the non-exhaustive list of prohibited restrictive agreements under Article 4 of Law No. 4054 on the Protection of Competition (Law No. 4054), paragraph (a) prohibits price-fixing, stipulating that agreements fixing the purchase or sale price of goods or services, elements such as cost...
Private Enforcement (Damage Claims) Regarding Competition Infringements in Turkey
While breaches of Articles 4, 6 and 7 of Law No. 4054 on the Protection of Competition (Law No. 4054) would result in administrative monetary fines, they could also result in possible compensation claims in the scope of private enforcement in the Turkish law regime. Similar to the legal systems in ...
Publicity of the Notified Transactions under Turkish Merger Control Regime
Pursuant to Article 12 of Communiqué No. 2010/4 Concerning Mergers and Acquisitions Calling for the Authorization of the Competition Board, the Turkish Competition Authority (Authority) will make a public announcement on its official website regarding transactions that have been notified to ...
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