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ELIG Gürkaynak hosted a webinar with Lexology on Merger Control in Turkey, which is now available to view on demand. ELIG Gürkaynak Attorneys-at-Law…
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ELIG Gurkaynak Attorneys-at-Law | Turkey | 16 Sep 2021

Competition Board closes door on allegations of abuse against Philips Turkey and imposes industry-wide conditions

Following a 17-month investigation process, the Competition Board closed its investigation into Philips Turkey regarding allegations of abuse of dominance. The Board's decision to not impose an administrative fine on Philips Turkey is a positive development that will serve as guidance for companies in a much-debated area of competition law enforcement in the medical imaging and diagnostic......
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ELIG Gurkaynak Attorneys-at-Law | Turkey | 9 Sep 2021

Competition board approves Siemens' acquisition of Varian following commitments submitted in European Union

The Siemens/Varian decision once again shows that the Turkish Competition Board is keen to make detailed evaluations of conglomerate transactions involving related products, even though such transactions are generally considered to be relatively less risky in terms of restriction of competition. The decision also highlights that the health services market is a top priority for the Board and......
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ELIG Gurkaynak Attorneys-at-Law | Turkey | 26 Aug 2021

Competition board makes first ever settlement decision

The Turkish Competition Board recently announced via its website that an eight-month investigation of several companies has concluded with a settlement decision. This settlement decision is the first of its kind under the new settlement procedure that the Turkish Competition Authority introduced earlier in 2021.
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ELIG Gurkaynak Attorneys-at-Law | Turkey | 19 Aug 2021

New settlement regulation enters into force

The Turkish Competition Authority has recently issued a new regulation which stipulates that the Turkish Competition Board may delay rendering a decision under article 5(1) regarding the parties' request to initiate settlement procedures if more detailed research is deemed necessary to reveal the nature and scope of the alleged violation.
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ELIG Gurkaynak Attorneys-at-Law | Turkey | 29 Jul 2021

Competition authority upholds interim measures against Facebook data sharing

In January 2021 the Turkish Competition Board decided to impose an interim measure against WhatsApp as part of an investigation into whether Facebook Inc, Facebook Ireland Ltd, WhatsApp Inc and WhatsApp LLC had violated Law 4054 on the Protection of Competition. The board recently published a decision concerning Facebook and WhatsApp's request for the reassessment of the interim measure decision.
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ELIG Gurkaynak Attorneys-at-Law | 17 Jun 2021

Use of economic evidence in antitrust investigations – fertiliser supplier decision

The Competition Board has published its reasoned decision regarding its investigation into whether six fertiliser suppliers violated Law 4054 on the Protection of Competition, which prohibits, among other things, anti-competitive agreements and concerted practices. The decision comprises important Competition Board assessments and findings as to how insufficient documentary evidence can be......
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ELIG Gurkaynak Attorneys-at-Law | Turkey | 13 May 2021

Guide to classifying and evaluating risks of most-favoured customer clauses

This article summarises how most-favoured customer (MFC) clauses became a major competition law issue in Turkey, especially for large online platforms, and how the relevant case law has developed. It aims to provide a guide for classifying a range of MFC-like clauses and evaluating the competition law-related risks.
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ELIG Gurkaynak Attorneys-at-Law | Turkey | 1 Apr 2021

Competition Board imposes interim measure against WhatsApp's updated privacy policy

The Competition Board recently announced its decision to launch a fully fledged investigation, ex officio, against various Facebook companies in order to assess whether they violated Article 6 of Law 4054 on the Protection of Competition. Moreover, the Competition Board imposed an interim measure against WhatsApp pursuant to Article 9 of Law 4054 after WhatsApp amended its terms of use and......
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ELIG Gurkaynak Attorneys-at-Law | Turkey | 18 Mar 2021

Non bis in idem principle accepted: abuse of dominance investigation closed with no administrative fine

After a 10-month investigation, the Competition Board found by unanimous vote that Mey İçki held a dominant position in the raki (ie, a traditional Turkish spirit) market, had violated Article 6 of Law 4054 and had received an administrative monetary fine for the same strategy in the raki market for the same period. The board held that there was no scope to impose additional administrative......
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ELIG Gurkaynak Attorneys-at-Law | Turkey | 25 Feb 2021

New commitment mechanism turns the tide in ongoing investigations

In June 2020 Law 7246 Amending the Law on the Protection of Competition entered into force and introduced significant changes to Turkish competition law, including with regard to the commitment mechanism. The mechanism aims to address anti-competitive effects in a timely and effective manner and save time and red-tape costs incurred by both the Turkish Competition Authority and undertakings......
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