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

In September 2021, the Turkish Competition Board (“Board”) approved 27 merger control filings and published 34 reasoned decisions. As in September there were a number of important developments on the Turkish competition law scene, this month’s recap might take a couple of minutes longer to read. Administrative courts send mixed signals on retail price maintenance (“RPM”) cases Henkel and Opet Decisions: Are the Courts telling the Board to “chill”? The Board imposed an administrative...

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Two-Minute Recap of Recent Developments in Turkish Personal Data Protection Law – September 2021

In September 2021, the Turkish Personal Data Protection Board (the “Board”) published two decisions and announced four data breach notifications. The Board also published a guideline on the processing of biometric data as well as recommendations on personal data protection in the field of artificial intelligence. In September the Board also organised a Personal Data Protection Summit, at which the president of the Board, Faruk Bilir, underlined that the Board continues to align Turkish data...

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Stop, Sesame! Turkey’s Competition Board launches an investigation and takes interim measures against Alibaba’s Trendyol

The Turkish Competition Board’s strict approach to this singular case is setting the stage for the regulation of digital markets. As the first of its kind in Turkey and one of the first worldwide, could this be a precursor for other competition authorities? To keep pace with the rapidly changing commercial landscape, the Turkish Competition Authority (“the Authority”) keeps a close eye on e-marketplace platforms. This trend continues, as following the publication of a preliminary report on...

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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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