New Draft Communiqué paves the way for the application of the de minimis doctrine under Turkish competition law

October 2020 – The Turkish Competition Board (the “Board”) has presented for public consultation a draft Communiqué on ”Agreements, Concerted Practices, and Decisions and Practices of Associations of Undertakings which are Considered not to Appreciably Restrict Competition” (the “Draft Communiqué”) in accordance with Articles 27(f) and 41(2) of Law No. 4054 on the Protection of Competition (“Law No. 4054”). The Draft Communiqué provides a safe harbour for agreements between...

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Turkish Competition Law “102” – Introduction to the commitment mechanism for Competition Law violations

March 2021 – The commitment mechanism for violations under Article 4 and 6 of Law No. 4054 on the Protection of Competition (“Turkish Competition Law”) was embedded into Turkish legislation with the amendments introduced to the Turkish Competition Law on 24 June 2020. Following its introduction, many questions have been raised concerning details for the commitment mechanism’s application, and secondary legislation has been eagerly awaited. In response, on 16 March 2021 the Turkish Competition...

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

In early February, the Turkish Competition Board (the “Board”) decided to launch an investigation against Philips Turkey to determine whether the company has engaged in behaviours or decisions resulting in the prevention, distortion or restriction of competition, thus violating Law No. 4054 on the Protection of Competition (“Law No. 4054”). The Board also determined in February the dates for oral hearings within the scope of the investigations initiated against (i) Unilever and (ii)...

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Another significant decision on international data transfer from the Turkish Data Protection Board

On 4 March 2021, the Turkish Personal Data Protection Board (the “Board”) announced, for the second time, that it allowed the applications of a written undertaking prepared for the transfer of personal data abroad. The Board allows the transfer of data abroad by approving the applications of the Undertaking made by Amazon Turkey Perakende Hizmetleri Ltd. Şti. and Amazon Turkey Yönetim Destek Hizmetleri Ltd. Şti. The Board’s announcement is available here (in Turkish). Last...

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Two-minute recap of recent developments in Turkish Data Protection Law – February 2021

The most important development in Turkish data protection law in February was the announcement dated 9 February 2021 in which the Turkish Data Protection Board (the “Board”) published its first example of approving a transfer of personal data abroad. The Board approved the transfer of personal data abroad by a Turkish fleet company based on a letter of undertaking submitted by that company. Our detailed analysis of the decision is here. Turkish Constitutional Court decides on employee...

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Turkish Data Protection Board clarifies the distinction between data controller and data processor

On 12 February 2021 the Turkish Personal Data Protection Board (the “Board”) published a decision (dated 30 January 2020 and numbered 2020/71, the “Decision”) in which the Board states the essential elements to distinguish between the concepts of data controller and data processor. In its Decision the Board also emphasises that a data controller may fulfil its obligation to inform itself or via another authorised party. Elements to be considered to distinguish the concept of data...

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Turkish Competition Board Started a Sector Inquiry on the Online Advertising Sector

The Turkish Competition Authority (“Authority“) announced within its official website that the Competition Board (“Board“) initiated a Sector Inquiry on the Online Advertising Sector in order to closely monitor both national and international current developments regarding online advertising in an attempt to identify the behavioural or structural competition related issues in the sector and develop solutions to the relevant issues. It is indicated in the announcement...

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WhatsAppocalypse saga update: Turkish Competition Authority issues interim measure to prevent “serious harm”

In the latest development in the on-going dispute between the Turkish Competition Authority (“TCA” or “Authority”) and social media giant Facebook over the updated terms of use of its subsidiary, WhatsApp, the TCA has published the reasoned decision of the Competition Board (the “Board”) following the conclusion of the Board’s ex officio investigation initiated against Facebook in January 2021 . In its decision, the Board has imposed an interim measure against Facebook and WhatsApp to prevent...

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Principle decision about the personal data of third parties illegally provided by data subjects

January 2021 – The Personal Data Protection Board (“Board”) has published on December 22, 2020, a Principle Decision (the “Principle Decision”) on the personal data of third parties illegally sent by data subjects to data controllers upon the latter’s request such as phone numbers, e-mail addresses. The Principle Decision has been published in the Official Gazette on January 15, 2021. In the complaints and notices sent to the Board, it has been alleged that data controllers operating...

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Two-minute recap of recent developments in Turkish competition law – December 2020

January 2021 – The year 2020 was a very interesting year for all of us, for obvious reasons. We hope you’ve had a wonderful holiday season and wish you a happy 2021. In 2020, the Turkish Competition Authority (the “Authority”) concluded a total of 178 merger control filings in Phase I. At the same time, the Authority was quite busy in 2020 with developments in digital markets—increasing the number of its investigations in this area, the amount of monetary fines, and also adopting new...

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