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Turkish Competition Law in a Nutshell: Key Concepts and Principles

R&D Agreements in Turkish Competition Law
R&D Agreements in Turkish Competition Law Pursuant to the definition of research and development (R&D) agreements under Article 4 of the Block Exemption Communiqué No. 2016/5 on Research and Development Agreements (Communiqué No. 2016/5), agreements for the purposes of paid R&a...
Rebate Systems in Turkish Competition Law
According to the Guidelines on the Assessment of Exclusionary Conduct by Dominant Undertakings, rebate systems refer to discounts offered to customers in return for them engaging in a certain purchasing behaviour. Even though there is no explicit provision under the Turkish competition law regime t...
Recent Changes in the Turkish Merger Control Regime
Communiqué No. 2022/2 on the Amendment of Communiqué No. 2010/4 (Communiqué No. 2010/4) on the Mergers and Acquisitions Subject to the Approval of the Competition Board (Amendment Communiqué) has been published on the Official Gazette on March 4, 2022, and entered into f...
Recidivism in Turkish Competition Law
Recidivism of an infringement, which is considered as an aggravating factor under the Regulation on Fines to Apply in Cases of Agreements, Concerted Practices and Decisions Limiting Competition, and Abuse of Dominant Position (Regulation on Fines), may be defined as the repetition of the same infri...
Refusal to Deal in Turkish Competition Law
In principle, any company, whether dominant or not, has the right to freely choose the counterparts with which it will do business. That said, in certain exceptional circumstances, refusal to deal by a dominant company may be considered abusive, in which case the dominant company may be required to...
Refusing or Hindering On-Site Inspections in Turkey
Article 15 of Law No. 4054 on the Protection of Competition (Law No. 4054) authorises the Turkish Competition Board (Board) to conduct on-site investigations. Accordingly, the Board may (i) examine the books, all types of data and documents of undertakings and associations of undertakings kept on p...
Relevant Date for Establishing Jurisdiction under Turkish Merger Control Regime
Under Turkish merger control regime, the relevant date for establishing jurisdiction is typically when the parties to a transaction sign a legally binding agreement or, in certain cases, announce their intention to merge. According to Communiqué No. 2010/4 Concerning the Mergers and Acquisit...
Relevant Market Definition in Turkish Competition Law
In Turkish competition law, relevant market definition is the first step to consider in approaching a competition law issue, regardless of whether it is a restrictive agreement, abuse of dominance or merger case. especially in abuse of dominance cases and merger cases. Guidelines on Relevant Market...
Remedies under Turkish Merger Control Regime
As per the Guideline on Remedies Acceptable in Mergers and Acquisitions (Remedy Guidelines) the parties can submit behavioural or structural remedies. The Remedies Guideline explains acceptable remedies such as: divestment; ending connections with competitors; remedies that enable undertakings to a...
Requests for Information in Turkish Competition Law
Article 14 of Law No. 4054 on the Protection of Competition (Law No. 4054) provides that the Turkish Competition Board (Board) may request any information and documents that it deems necessary from all public institutions and organisations, undertakings and trade associations. The Board’s pow...
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