Coca-Cola investigation fizzles out: Turkish Coca-Cola bottler subsidiary probe closed with commitments

The commitment mechanism entered Turkey’s competition law scene in 2020 following an amendment to Law No. 4054 on the Protection of Competition (“Competition Law”). With this new tool, the Competition Board may decide (i) not to turn a preliminary investigation into a full-fledged investigation, or (ii) to end an on-going full-fledged investigation by making a proposed commitment package binding on the relevant party, provided that it deems the submitted commitment package adequate to eliminate...

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Two-minute recap of recent developments in Turkish competition law – August 2021

In August 2021, the Turkish Competition Board approved 12 merger control filings and published 22 reasoned decisions. The Board also concluded the first settlement application in August, following the entering into force of the Settlement Regulation on 15 July 2021. The Board takes its investigation against Tadım all the way The Board’s preliminary investigation launched against Tadım Gıda Maddeleri San. ve Tic. A.Ş.—based on allegations that it had abused its dominant position in the...

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Turkish Personal Data Protection Board has imposed its largest ever fine on WhatsApp

September 2021 – A day after the Irish Data Protection Commission (on 2 September 2021) imposed a record fine of EUR 225 million against the Facebook subsidiary WhatsApp, the Turkish Personal Data Protection Board (the “Board”) announced on 3 September 2021 that it had imposed an administrative fine of TRL 1,950,000 (approximately EUR 198,000) on the company.  In early 2021 the Board initiated an ex officio investigation after WhatsApp updated its Terms of Service and Privacy Policy...

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Two-minute recap of recent developments in Turkish competition law – July 2021

In July 2021, the Turkish Competition Board (the “Board”) approved 33 merger control filings and published 20 reasoned decisions. Another important development is that the Regulation on Settlement Procedure for Investigations on Anticompetitive Agreements, Concerted Practices, Decisions and Abuse of Dominant Position (the “Settlement Regulation“) which was issued by the Board on 15 July 2021, entered into force by being published in the Official Gazette on 16 July 2021.   Sahibinden.com...

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Brain freeze to the ice cream manufacturer: The Board penalised Unilever because of its practices in the ice cream sector

 In 2019, the Turkish Competition Board (“Board”) initiated a full-fledged investigation into the practices of Unilever San. ve Tic. Türk A.Ş. (“Unilever”) regarding the sale of competing ice cream products at final sales outlets.[1] Unilever has been active on the ice cream market in Turkey since 1990 under the “Algida” brand. As a result of its investigation, the Board decided to impose administrative fines on Unilever for violations of Articles 4 and 6 of the Law on the Protection...

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Two-minute recap of recent developments in Turkish Competition Law – June 2021

In June 2021, the Turkish Competition Board (the “Board”) approved 23 merger control filings. The Board also continues its efforts to determine the effects on competition of digital market platforms and announced that it will hold an e-marketplace workshop in July, alongside its efforts to address competition law concerns in various markets, alongside its on-going investigations. A new investigation for the FMCG sector on Covid-19 price hikes In June the Board launched an investigation...

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Two-minute recap of recent developments in Turkish competition law – May 2021

In May 2021, the Board approved 20 merger control filings and published 5 reasoned decisions. The most important development in the Turkish competition law was that the Board published the preliminary report on e-marketplace platforms. Another important development was the press release on Facebook-WhatsApp Investigation that the update on the privacy policy of WhatsApp will not come into effect for any users.  WhatsApp waves white flag in Turkey WhatsApp withdrew its updated terms...

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Two-minute recap of recent developments in Turkish competition law – April 2021

 In April 2021, the Turkish Competition Board (the “Board”) approved 28 merger control filings and published four reasoned decisions. Highlights from the month include the Board’s imposition of an administrative monetary fine against Google for abuse of its dominant position. Another important development was the Board interesting decision to launch an investigation against 32 enterprises due to so-called “gentlemen’s agreements”. Another fine imposed on Google The Board once again...

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Turkish Competition Board’s Swinging Excessive Pricing Axe Did Not Hit Sahibinden.com This Time

Digital platforms are becoming a larger part of our lives each day. We do increasingly more and diverse things on these platforms: we order food, choose our holiday destination, or shop for the car we want to buy. As such, digital platforms are on the radar of many competition authorities, including the Turkish Competition Authority. After Google, Yemeksepeti, Booking.com and Amazon, local online marketplace Sahibinden.com is one...

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Two-minute recap of recent developments in Turkish competition law – March 2021

March was a productive month for the Turkish Competition Authority, considering the publication of several expected regulations and reports as well as decisions by the Competition Board. The “Communiqué on Commitments” and the “de minimis Communiqué” both entered into force on 16 March 2021. The Communiqué on Commitments shed light the details concerning the application of the commitment mechanism for competition law violations. It sets forth (i) the steps and procedures surrounding...

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