A Landmark Decision by the Constitutional Court about On-site Inspections Conducted by the Turkish Competition Authority: A Judge’s Decision is Necessary for Conducting On-site Inspections
The Constitutional Court published a significant decision (“Decision”) which includes critical assessments on whether the on-site inspections conducted by the Turkish Competition Authority (“TCA”) violate the inviolability of domicile protected under Article 21 of the Constitution of the Republic of Turkey (“Constitution”).
Turkish Competition Authority’s Vigilance on Digital Markets: Examining Recent Initiatives and Their Implications
In line with the global trend, the Turkish Competition Authority (the “TCA”) has recently displayed a remarkable level of interest in addressing competition concerns on digital markets.
Investigation into the Small Household Appliances Sector Concluded with Settlement Procedure!
The Turkish Competition Authority (“TCA”) initiated a full-fledged investigation (“Investigation”) against Korkmaz Mutfak Eşyaları San. ve Tic. A.Ş. (“Korkmaz”), Gençler Ev Araç ve Gereçleri Pazarlama Tic. A.Ş. (“Gençler”) and Punto Dayanıklı Tüketim Malları İth. İhr. Tic. Ltd. Şti. (“Punto”).
Unveiling the Distinction: Turkish Competition Authority Clarified “Mergers” and “Acquisitions” under Turkish Merger Control Regime
With its decision dated 17 March 2022 and numbered 22-13/205-88, the Turkish Competition Authority (“TCA”) cleared the transaction concerning the merger of Slim Fusina Rolling S.R.L. (“Slim Fusina”) and Niche Fusina Rolled Products S.R.L. (“NFRP”) (the “Transaction”) on the grounds the Transaction does not significantly impede effective competition.
The Turkish Competition Authority Fines Elon Musk due to Failure to Notify the Twitter Deal
On 06.03.2023, the Turkish Competition Authority (“TCA”) announced its decision to fine Elon Musk due to failure to notify the $44 billion deal to acquire Twitter. The TCA’s reasoned decision is not available for the time being but English version of the TCA’s announcement in terms of the fining decision reads as following:
The TCA Publishes Pioneer Decisions on the Simultaneous Implementation of the Leniency and Settlement Procedures
Following the introduction of the settlement procedure, the number of undertakings applying for settlement has been increasing consistently. In this respect, the Turkish Competition Authority’s (“TCA”) evaluations regarding the implementation of the settlement procedure have become an object of curiosity as the investigations that ended with settlement decisions continue to be announced on the official …
The Turkish Competition Authority Takes a Wide Interpretation of the “Technology Undertaking” Exception Applicable to the Turkey’s Merger Control Thresholds
The interpretation of the exemption brought for “technology undertakings” took a sudden turn with the Turkish Competition Authority’s (“TCA”) recent Berkshire Hathaway Decision (15.09.2022, 22-42/625-261) which resolved that the exception brought to the merger control thresholds by the recent amendment for the technology undertakings shall be considered applicable, even if the activities of the target …
The Turkish Competition Authority Concluded Its Preliminary Investigation Regarding Car Rental Services Market
On 31 January 2023, Turkish Competition Authority’s (“TCA”) decision dated 21 July 2022 and numbered 22-33/526-212 regarding a preliminary investigation into the car rental services market (the “Decision”) was published on the TCA’S official website. Back in 2020, the TCA started this preliminary investigation in order to determine whether the undertakings that are engaged in …
Badmouthing—Abuse under Turkish Competition Law?
In recent years, competition authorities around the world have been scrutinising new types of behaviour that might be deemed abusive within the context of antitrust laws. Although those relating to digital markets receive the most attention, not a day passes by without a surprising decision announced by the authorities or competent courts. The decision of …
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Where to Draw the Line of the Scope of Right to Access to Personal Data? The Constitutional Court Ruled on One’s Right to Access Their Own Personal Data
On 20.12.2022, The Turkish Constitutional Court’s (“Constitutional Court”) decision concerning the right to an effective remedy in connection to the right to request protection of the data subject’s personal data within the scope of the right to respect for private life was published in the Official Gazette[1]. In its decision, the Constitutional Court established that …