The Turkish Competition Authority (Rekabet Kurumu) has continued to expand its enforcement activity, issuing significant decisions across merger control, cartel enforcement, and abuse of dominance cases. This article reviews notable recent developments and highlights practical implications for businesses.
Merger Control Developments
The Authority has maintained a rigorous approach to merger control review, with several high-profile transactions subject to Phase II investigations and conditional clearances. Businesses should plan for extended timelines in transactions involving market shares that could trigger competition concerns, and should engage competition counsel early in the deal process.
Notably, the Authority has shown particular interest in transactions in the digital economy, applying a forward-looking analysis that goes beyond traditional market share metrics to consider the competitive dynamics of digital markets, network effects, and data advantages.
Cartel Enforcement
The Authority’s cartel enforcement unit has remained active, initiating investigations across multiple sectors. Recent cases have included price-fixing and market allocation arrangements in the construction materials, logistics, and financial services sectors.
The Authority has made increasing use of its leniency program, and businesses that have participated in potentially anticompetitive arrangements should carefully consider whether to approach the Authority for leniency before investigations commence.
Abuse of Dominance
The Authority has issued several significant decisions regarding abuse of dominant position, with a particular focus on digital platforms and their treatment of business users. These decisions reflect a global trend toward more intensive scrutiny of platform behavior and follow in the footsteps of similar enforcement actions in the EU.
Practical Takeaways
For businesses operating in Turkey, the key messages from recent Authority activity are:
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Invest in competition compliance. A well-designed compliance program remains the best protection against competition enforcement action.
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Plan M&A timelines carefully. Competition clearance timelines can be unpredictable, particularly for transactions raising complex issues. Build in adequate buffer time and prepare thorough filings.
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Monitor your market position. If your business holds or approaches a dominant position in any market, you should ensure that your commercial practices have been reviewed for compliance with competition law.
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Consider leniency proactively. If your business has been involved in potentially anticompetitive arrangements, early engagement with the leniency program can significantly reduce exposure.
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