| The purpose of the Competition Law is to prevent (i) agreements, decisions and practices preventing, distorting or restricting competition in markets for goods and services, (ii) abuse of dominance by dominant undertakings, and (iii) block concentrations that lead to a significant lessening of competition, and to ensure the protection of competition by enforcing the necessary regulations and carrying out the needed research/monitoring activities to this end. | |
| Article 4 of Competition Law | It is akin to and closely modelled on Article 101(1) of the Treaty on the Functioning of the European Union ("TFEU"). It prohibits all agreements between companies, trade associations and concerted practices that have (or may have) as their object or effect the prevention, restriction or distortion of competition within a Turkish product or services market or a part thereof. |
| Article 6 of Competition Law | It restricts unilateral conduct of a dominant undertaking. It provides that 'any abuse on the part of one or more undertakings, individually or through joint venture agreements or practices, of a dominant position in a market for goods or services within the whole or part of the country is unlawful and prohibited.' Although it does not define what constitutes 'abuse' per se, it provides five examples of forbidden abusive behavior, which represents a non-exhaustive list and is, to some extent, in line with Article 102 of the TFEU. |
| Article 7 Competition Law | It authorizes the Board to regulate, through communiqués, which mergers and acquisitions should be notified and approved in order to gain validity. As a matter of Article 7, the Board clears mergers and acquisitions which do not significantly impede effective competition in a relevant product market within the whole or part of Turkey, particularly in the form of creating or strengthening a dominant position. Further to this provision, Communiqué No. 2010/4 sets forth the types of mergers and acquisitions that are subject to the Board's review and approval. |
Law No. 4054 on the Protection of Competition (“Competition Law”)
ELIG Gürkaynak Attorneys-at-Law
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ELIG Gürkaynak Attorneys-at-Law is an eminent, independent Turkish law firm based in Istanbul. The firm was founded in 2005. ELIG Gürkaynak is committed to providing its clients with high-quality legal services. We combine a solid knowledge of Turkish law with a business-minded approach to develop legal solutions that meet the ever-changing needs of our clients in their international and domestic operations. Our legal team consists of 90 lawyers. We take pride in being able to assist our clients in all fields of law. Our areas of expertise particularly include competition law, corporate law, M&A, contracts law, white collar irregularities and compliance, data protection and cybersecurity law, litigation and dispute resolution, Internet law, technology, media and telecommunications law, intellectual property law, administrative law, real estate law, anti-dumping law, pharma and healthcare regulatory, employment law, and banking and finance law.
The purpose of the Competition Law is to prevent (i) agreements, decisions and practices preventing, distorting or restricting competition in markets for goods and services, (ii) abuse of dominance by dominant undertakings, and (iii) block concentrations that lead to a significant lessening of competition, and to ensure the protection of competition by enforcing the necessary regulations and carrying out the needed research/monitoring activities to this end.