ELIG Gürkaynak Attorneys-at-Law updates

Competition Board issues decision on acquisition of media store chain
ELIG Gürkaynak Attorneys-at-Law
  • Competition & Antitrust
  • Turkey
  • 11 October 2018

The Competition Board recently issued its decision regarding retailer TveK's acquisition of rival retailer D&R and its two subsidiaries. In its assessment of potential competition concerns regarding the acquisition, the board examined the relevant market sectors and geographical markets in which the two entities operated and whether the merger would result in TveK acquiring a dominant position.

Competition Board issues first antitrust decision for excessive pricing in online ads market
ELIG Gürkaynak Attorneys-at-Law
  • Competition & Antitrust
  • Turkey
  • 04 October 2018

The Competition Board recently concluded an investigation into allegations of abuse of dominance in the provision of online ad services to commercial customers for the sale and rental of real estate and vehicles. The board concluded by a majority that Sahibinden.com had abused its dominant position. The decision could set a landmark precedent in terms of the analysis of excessive pricing in the online sector and is the only decision of its kind globally to concern the online ads market.

Family ties – Competition Board assesses Akarlılar family's acquisition of Mavi
ELIG Gürkaynak Attorneys-at-Law
  • Competition & Antitrust
  • Turkey
  • 02 August 2018

The Competition Board recently published its reasoned decision following its examination of the Akarlılar family's acquisition of negative control in Mavi Giyim Sanayi ve Ticaret AŞ. In order to assess economic unity, the Competition Board had to examine the parties' economic and family ties; the foundation, composition and nature of these ties; any independent activities; and the parties' unity of interest.

Competition Board concludes preliminary investigation into online sales
ELIG Gürkaynak Attorneys-at-Law
  • Competition & Antitrust
  • Turkey
  • 31 May 2018

The Competition Board recently published its reasoned decision following a preliminary investigation into allegations that Jotun Boya Sanayi ve Ticaret AŞ had violated Article 4 of Law 4054 on the Protection of Competition. The allegations concerned claims that Jotun had determined the resale prices and sales conditions of authorised dealers and restricted their online sales through a prohibitive provision in its dealership agreements.

Competition Board concludes preliminary investigation into air conditioning sector
ELIG Gürkaynak Attorneys-at-Law
  • Competition & Antitrust
  • Turkey
  • 29 March 2018

The Competition Board recently published its reasoned decision following a preliminary investigation into allegations that Teknosa had violated Law 4054 on the Protection of Competition by restricting İklimSA distributors from selling to the complainant. It was claimed that Teknosa had instructed İklimSA that if its products were sold to the complainant, Teknosa would halt the payment of distribution premiums and end its commercial relationship with İklimSA.

Competition Board concludes preliminary investigation into furnishing sector
ELIG Gürkaynak Attorneys-at-Law
  • Competition & Antitrust
  • Turkey
  • 25 January 2018

The Competition Board recently published a reasoned decision following its preliminary investigation into whether Yataş Yorgan ve Yatak San ve Tic AŞ had violated Article 4 of Law 4054 on the Protection of Competition. The allegations concerned the claim that Yataş had, through its best price guarantee campaign, restricted competition by acting in cooperation with independent retailers or pressuring them with abusive pricing policies.

Competition Board grants exemption to Tyre Industrialist Association's waste management plan
ELIG Gürkaynak Attorneys-at-Law
  • Competition & Antitrust
  • Turkey
  • 16 November 2017

The Competition Board recently published its reasoned decision on the Tyre Industrialist Association's application for an exemption for its Waste Management Strategies and Implementation Plan for Worn-out Tyres 2016 to 2020. The board decided that the association's proposal would not limit competition in a manner which would violate Law 4054 on the Protection of Competition and granted an individual five-year exemption.

Abuse of dominance investigation into vodka and gin markets closed with no administrative fine
ELIG Gürkaynak Attorneys-at-Law
  • Competition & Antitrust
  • Turkey
  • 02 November 2017

Following an 18-month investigation, the Competition Board recently found that Mey İçki held a dominant position in the vodka and gin markets. However, the board had already examined Mey İçki's alleged practices and imposed penalties in its earlier decision on the raki market. As such, the board accepted the non bis in idem defence and concluded that Mey İçki should not be subject to an administrative fine.

Competition Board concludes ready-mixed concrete investigation with no fines
ELIG Gürkaynak Attorneys-at-Law
  • Competition & Antitrust
  • Turkey
  • 31 August 2017

Following a 16-month investigation, the Competition Board recently published the outcome of a high-profile investigation into the ready-mixed concrete market. After evaluating the evidence, written defences and investigation file, the board decided not to render administrative fines, concluding that none of the undertakings had violated Article 4 of Law 4054.

Competition Board publishes reasoned decision on pharmaceutical industry
ELIG Gürkaynak Attorneys-at-Law
  • Competition & Antitrust
  • Turkey
  • 03 August 2017

The Competition Board recently published a reasoned decision following its investigation into whether the Pharmacists' Association and the Pharmacists' Association Commercial Enterprise had violated Article 6 of Law 4054 on the Protection of Competition by abusing their dominant position in the market for the supply of pharmaceuticals from abroad through their exclusivity practices and other actions.

Competition Authority publishes 2016 M&A status report
ELIG Gürkaynak Attorneys-at-Law
  • Competition & Antitrust
  • Turkey
  • 01 June 2017

The Competition Authority recently published its annual Mergers and Acquisitions Status Report for 2016. The report reveals that the authority reviewed 209 transactions in 2016. Nine of these involved the privatisation of public companies, while 191 were notifiable M&A transactions (excluding privatisations). This marks an increase compared with 2015, when the Competition Authority examined 159 merger control cases, of which 141 were notifiable transactions (excluding privatisations).

Increased security for concentrations involving stock exchange transactions
ELIG Gürkaynak Attorneys-at-Law
  • Competition & Antitrust
  • Turkey
  • 09 March 2017

Communique 2017/2 on the Amendment of Communique 2010/4 on Mergers and Acquisitions Subject to the Approval of the Competition Board recently entered into force. Although no statutory rule on whether parties can close a public bid on a listed company before obtaining Competition Board approval existed in Turkey until the communique's promulgation, Competition Board case law had started to clarify this matter. However, legislative guidance on this type of concentration is most welcome.

New block exemption communique issued for vertical agreements in motor vehicle sector
ELIG Gürkaynak Attorneys-at-Law
  • Competition & Antitrust
  • Turkey
  • 02 March 2017

The New Block Exemption Communique 2017/3 for Vertical Agreements in the Motor Vehicle Sector in Turkey was recently published in the Official Gazette. The communique was triggered by the reform of the restrictive provisions of Law 1400/2002 (particularly with regard to the sale of motor vehicles) in line with EU Regulation 461/2010. The Competition Board is expected to publish a set of guidelines which will provide further details regarding the communique's implementation.

Competition Board concludes preliminary investigation into excessive pricing
ELIG Gürkaynak Attorneys-at-Law
  • Competition & Antitrust
  • Turkey
  • 16 February 2017

The Turkish Competition Board recently published a decision following its preliminary investigation into allegations of an abuse of dominant position in the basic chromium sulphate market by way of excessive pricing. The decision demonstrates how the competition authorities will evaluate the theory and application of excessive pricing and the factors that they will consider when determining whether there has been an abuse of dominance by way of such practice.

Competition Authority publishes report on cement sector inquiry
ELIG Gürkaynak Attorneys-at-Law
  • Competition & Antitrust
  • Turkey
  • 22 December 2016

The Competition Authority recently published an inquiry report into the cement sector. The report includes a detailed assessment of the grey cement sector's market structure and the conduct of market players, general background information on cement products and the sector in general and an assessment of the sector's competitive dynamics. The main competition law issues that the report highlights are high price increases and market division.

Board granted negative clearance to information exchange via Bank Association's Risk Centre
ELIG Gürkaynak Attorneys-at-Law
  • Competition & Antitrust
  • Turkey
  • 06 October 2016

The Competition Board recently published a reasoned decision on granting negative clearance for the exchange of information obtained from the Interbank Card Centre regarding merchant turnover. In line with previous Competition Board, Council of State and Administrative Court decisions, the decision demonstrates that the authority granted to undertakings by law is not subject to the Protection of Competition Law.

Competition Board concludes preliminary investigation into fuel wholesale market
ELIG Gürkaynak Attorneys-at-Law
  • Competition & Antitrust
  • Turkey
  • 04 August 2016

The Competition Board recently published a reasoned decision after a preliminary investigation of oil refiner Türkiye Petrol Rafinerileri AŞ (TUPRA) following allegations by fuel company Akaryakıt Ana Dağıtım Şirketleri Derneği that TUPRA's turnover premium system would further strengthen the largest distributors in the fuel distribution market, where profit margins are relatively low.

Competition Authority publishes 2015 M&A status report
ELIG Gürkaynak Attorneys-at-Law
  • Competition & Antitrust
  • Turkey
  • 12 May 2016

The Competition Authority recently published its annual Mergers and Acquisitions Status Report for 2015. The report provides information and a statistical overview of the concentrations that the authority reviewed in 2015, in terms of monetary value, sector, transaction type and the origin of parties. The report reveals that the Competition Authority reviewed 159 transactions in 2015, eight of which involved the privatisation of public companies.

Competition Board grants conditional approval to Migros acquisition following Phase II review
ELIG Gürkaynak Attorneys-at-Law
  • Competition & Antitrust
  • Turkey
  • 17 March 2016

The Competition Board recently published its reasoned decision regarding Anadolu Endüstri Holding AŞ's acquisition of control over Migros Ticaret AŞ. Following an in-depth Phase II review of the transaction due to competition concerns, the board granted conditional approval based on the commitments that Anadolu submitted. The commitments provide further guidance regarding potential remedies for addressing coordination concerns.

Authority issues draft block exemption communiqué on R&D agreements
ELIG Gürkaynak Attorneys-at-Law
  • Competition & Antitrust
  • Turkey
  • 17 December 2015

The Competition Authority recently issued a draft block exemption communiqué on research and development (R&D) agreements, which sets out revised rules for the block exemption regime applicable to R&D agreements in Turkey. The draft communiqué reflects the authority's practice of closely following developments in EU competition law and attempting to retain harmony between EU and Turkish competition law instruments.

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