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Lack of Evidence is not Evidence: TCA’s Differing Approach to Standard of Proof for Hinderance of On-Site Inspections

ACTECON | January 27, 2023

In accordance with the Turkish Competition Authority’s (“TCA”) decision dated 25.11.2021 and numbered 21-57/796-M, the TCA initiated an investigation against undertakings in the market for fast-moving consumer goods to ascertain whether Article 4 of Law No. 4054 on the Protection of Competition (“Competition Law”) has been violated. Within this scope, the TCA conducted an on-site …

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Of SIEC-Test and Thresholds: Merger Control 2022 in Turkey

ACTECON | January 27, 2023

The substantial rules of the Turkish merger control are taken from the corresponding EU provisions. The amendments to the Turkish Competition Law in 2020 introduced the SIEC test to improve the concentration control regime and harmonize it with the EU rules even further. The amended Merger Communique in 2022 revised the thresholds as a response …

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Turkish Competition Authority Terminated its Investigation Against Leading e-Scooter Rental Firm with Commitments

ACTECON | January 26, 2023

New markets are under the intense scrutiny of the Turkish Competition Authority (“TCA”) due to new competitive concerns arising from the disruption that has emerged with the technological changes in the markets. Recently, the TCA has shifted its focus to emerging markets while monitoring the traditional markets constantly. In this framework, in July, the TCA …

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A New Age for Digital Markets in Turkey? The Draft Amendment to the Law No. 4054 on the Protection of Competition

ACTECON | January 26, 2023

This blogpost will give an overview on the draft amendment (the “Draft Amendment”) to the Law No. 4054 on the Protection of Competition (the “Law No. 4054”). The key points of the Draft Amendment concern:

Türk Telekom Decision: Recent Approach to Refusal to Deal

ACTECON | January 26, 2023

The Turkish Competition Board (the “Board”) published its reasoned decision dated 30.09.2021 and numbered 21-46/667-332 (the “Decision”) concerning the full-fledged investigation launched against Türk Telekomünikasyon A.Ş. (“TT”) upon the complaints of undertakings operating in the retail fixed broadband internet access services market (downstream market). In their complaints, internet service providers (“ISPs”) alleged that TT rejected …

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Dawn raids in Turkey – Can Companies Avoid Responsibility by Asserting Subjective Grounds for the Deleted Data During On-site Inspections?

ACTECON | January 26, 2023

The Turkish Competition Authority (TCA) has rendered a number of decisions, particularly in recent years, on whether on-site inspections have been hindered or complicated. These include two recent decisions on D-Market Elektronik Hizmetler ve Ticaret A.Ş. (“Hepsiburada”), one of the largest e-marketplaces in Turkey.

Turkey – What to Consider in Sharing Sectoral Reports with Sector Members?

ACTECON | January 26, 2023

The Turkish Competition Authority (“TCA”) has rendered several decisions in recent years concerning the exchange of competitively sensitive information . A significant number of these decisions have involved negative clearance/exemption applications made to the TCA by undertakings seeking to lawfully exchange information among themselves.

The Turkish Competition Authority Sets the Boundaries of its “Technology Undertaking” Definition

ACTECON | January 26, 2023

On 4 March 2022, the Turkish Competition Authority (the “TCA”) increased the notification thresholds set in its merger regulation, i.e., Communiqué No. 2010/4 on the Mergers and Acquisitions Calling for the Authorisation of the Competition Board (“Communiqué No. 2010/4”). In addition to the amendment of turnover thresholds, the TCA added an exception to these thresholds …

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The Information You Have Requested Cannot Be Reached at the Moment: The Regional Administrative Court Upheld the Board’s Decision Imposing Fines on Five International Banks for Not Providing the Requested Information

ACTECON | January 26, 2023

On 26 October 2022, the Ankara Regional Administrative Court’s 8th Administrative Chamber revoked[1] an earlier decision[2] of the Ankara 3rd Administrative Court that had annulled the Turkish Competition Board’s (the “Board”) decision concerning the imposition of administrative monetary fines on five international banks for failure to provide the requested information/data.[3]

TCA Imposed Interim Measures on Krea

ACTECON | January 26, 2023

As per Article 9(4) of Law No. 4054 on Protection of Competition (“Competition Law”), the Turkish Competition Authority (“TCA”) is entitled to impose interim measures in order to maintain the environment before the violation, without exceeding the scope of the final decision, in case of a possibility of serious and irreparable damages. It is observed …

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