Turkey: Recent Cases

Last Updated: 25 August 2017
Practice Guide by ELIG, Attorneys-at-Law

The Board approved the transaction regarding the acquisition of certain entities and assets of Wirtgen Group Holding GmbH by Deere & Company (19.7.2017, 17-23/365-158)

The Turkish Competition Board (“Board”) approved the transaction regarding the acquisition of certain entities and assets of Wirtgen Group Holding GmbH by Deere & Company.

 

The Board approved the transaction regarding the acquisition of the titanium dioxide business unit of the National Titanium Dioxide Company Limited by Tronox Limited (13.7.2017, 17-22/342-152)

The Turkish Competition Board (“Board”) approved the transaction regarding the acquisition of the titanium dioxide business unit (“Cristal”) of the National Titanium Dioxide Company Limited by Tronox Limited.

 

The Board approved the transaction regarding the establishment of a joint venture between Research and Design Institute on Gas Processing Joint Stock Company, Technip France SA and Linde AG (19.7.2017, 17-23/366-159)

The Turkish Competition Board (“Board”) approved the transaction regarding the establishment of a joint venture between Research and Design Institute on Gas Processing Joint Stock Company, Technip France SA and Linde AG.

 

The Board approved the transaction regarding the acquisition of Aeroports de Paris S.A’s certain amount of shares within TAV Yatırım Holding A.Ş., held through Tank OWC beta GmbH  by a newly established joint stock company that will be owned by Mustafa Sani Şener and Tepe İnşaat Sanayi A.Ş.  (13.7.2017,  17-22/350-156)

The Turkish Competition Board (“Board”) approved the transaction regarding the acquisition of Aeroports de Paris S.A’s certain amount of shares within TAV Yatırım Holding A.Ş., held through Tank OWC beta GmbH,  by a newly established joint stock company that will be owned by Mustafa Sani Şener and Tepe İnşaat Sanayi A.Ş.

 

The Board approved the transaction regarding the acquisition of sole control over Sapa AS by Norsk Hydro ASA (9.8.2017, 17-26/413-185)

The Turkish Competition Board (“Board”) approved the transaction regarding the acquisition of sole control over Sapa AS by Norsk Hydro ASA.

 

The Board approved the transaction regarding the acquisition of sole control over Orpak Systems Ltd. by Fortive Corporation (9.8.2017, 17-26/393-172)

The Turkish Competition Board (“Board”) approved the transaction regarding the acquisition of sole control over Orpak Systems Ltd. by Fortive Corporation.

 

The Board approved the transaction regarding the acquisition of joint control over GTA Travel Holding Ltd, Kuoni Holdings Plc and their subsidiaries, by Beşinci Cinven Fonu and Canada Pension Plan Investment Board (9.8.2017, 17-26/414-186)

The Turkish Competition Board (“Board”) approved the transaction regarding the acquisition of joint control over GTA Travel Holding Ltd, Kuoni Holdings Plc and their subsidiaries, by Beşinci Cinven Fonu and Canada Pension Plan Investment Board.

 

The Board approved the transaction regarding the establishment of a joint venture, namely (i) Eaton Cummins Automated Transmission Technologies LLC and (ii) Eaton Cummins Automated Transmission Technologies GmbH, by Cummins Inc., Eaton Corporation plc and their affiliated entities (03.07.2017, 17-20/337-149)

The Turkish Competition Board (“Board”) approved the transaction regarding the establishment of a joint venture namely (i) Eaton Cummins Automated Transmission Technologies LLC and (ii) Eaton Cummins Automated Transmission Technologies GmbH, by Cummins Inc., Eaton Corporation plc and their affiliated entities.

 

The Board approved the transaction regarding the acquisition of a certain amount of shares of TAV Havalimanları Holding A.Ş., held by Akfen Holding A.Ş., by Aéroports de Paris S.A. through its subsidiary Tank ÖWA Alpha GmbH (03.07.2017, 17-20/325-145)

The Turkish Competition Board (“Board”) approved the transaction regarding the acquisition of a certain amount of shares of TAV Havalimanları Holding A.Ş., held by Akfen Holding A.Ş., by Aéroports de Paris S.A. through its subsidiary Tank ÖWA Alpha GmbH.

 

The Board approved the transaction regarding the acquisition of all of Carmel Capital S.à.r.l’s shares, that is the holding company of AWAS Aviation Capital DAC, by Dubai Aerospace Enterprise Ltd. (08.06.2017, 17-19/292-129)

The Turkish Competition Board (“Board”) approved the transaction regarding the acquisition of all of Carmel Capital S.à.r.l’s shares, that is the holding company of AWAS Aviation Capital DAC, by Dubai Aerospace Enterprise Ltd.

 

The Board approved the transaction regarding the establishment of a joint venture by way of the acquisition of finance subsidiaries and branches that constitute Opel/Vauxhall’s finance business unit, by Peugeot S.A. ve BNP Paribas S.A. (08.06.2017, 17-19/291-128)  

The Turkish Competition Board (“Board”) approved the transaction regarding the establishment of a joint venture by way of the acquisition of finance subsidiaries and branches that constitute Opel/Vauxhall’s – owned by  General Motors Holdings LLC’s subsidiaries General Motors Financial Company, Inc. and Adam Opel AG -  finance business unit, by Peugeot S.A. ve BNP Paribas S.A.

 

The Board approved the transaction regarding the acquisition of the subsidiaries and branches that constitute Opel/Vauxhall’s automotive business unit by Peugeot S.A. (01.06.2017, 17-18/269-115)

The Turkish Competition Board (“Board”) approved the transaction regarding the acquisition of the subsidiaries (within Europe including Turkey) and branches that constitute Opel/Vauxhall’s – owned by General Motors Holdings LLC –  automotive business unit by Peugeot S.A.

 

The Board approved the transaction regarding the acquisition of joint control over Ascend Learning Holdings, LLC by Canada Pension Plan Investment Board and The Blackstone Group L.P (01.06.2017, 17-18/268-114)

The Turkish Competition Board (“Board”) approved the transaction regarding the acquisition of joint control over Ascend Learning Holdings, LLC by Canada Pension Plan Investment Board and The Blackstone Group L.P.

 

The Board approved the transaction regarding the acquisition of joint control over PSPIB Waiheke Inc. by Canada Pension Plan Investment Board and Public Sector Pension Investment Board (01.06.2017, 17-18/267-113)

The Turkish Competition Board (“Board”) approved the transaction regarding the acquisition of joint control over PSPIB Waiheke Inc. by Canada Pension Plan Investment Board and Public Sector Pension Investment Board.

 

Turkish Competition Board Concludes the Investigation in the Ready Mixed Concrete Market with No Fines Rendered

After an investigation process of sixteen months, the Turkish Competition Board (the “Board”) announced on August 22, 2017 the outcome of a high-profile investigation in the ready mixed concrete market. The Board had launched a full-fledged investigation against 10 ready mix companies active in İzmir. After evidences, written defenses and the investigation file were evaluated, the Board decided not to render any administrative fine concluding that none of the undertakings were in a violation of the Article 4 of the Law No. 4054.

 

The Board has launched a full-fledged investigation against 19 undertakings active in chicken meat production and White Meat Industry and Brood Stock Union Association (19.07.2017, 17-23/369-M)

The Turkish Competition Board (“Board”) has concluded the preliminary investigation conducted based on the allegations that the undertakings active in the chicken meat production sector have violated Article 4 of Law No. 4054 on the Protection of Competition (“Law No. 4054”)

 

The Board has launched a full-fledged investigation against Turkcell İletişim Hizmetleri A.Ş., Vodafone Telekomünikasyon A.Ş. and Avea İletişim Hizmetleri A.Ş. (08.06.2017, 17-19/296-M)

The Turkish Competition Board (“Board”) has concluded the preliminary investigation conducted based on the allegations that Turkcell İletişim Hizmetleri A.Ş. (“Turkcell”), Vodafone Telekomünikasyon A.Ş. (“Vodafone”) ve Avea İletişim Hizmetleri A.Ş. (“Avea”) have aggravated their competitors’ activities by way of placing bids below price within the SMS tenders.

The Board found that the relevant allegations and findings are serious and adequate, and decided to launch a full-fledged investigation through its meeting dated 03.07.2017 and decision numbered 17-20/313-M, in order to determine whether Turkcell, Vodafone and Avea have violated Article 6 of the Law No. 4054 on the Protection of Competition.

 

The Board has pronounced its final decision on the full-fledged investigation conducted against Turkish Pharmacist Association and nice pharmacist chambers (13.07.2017, 17-22/362-158)

The Turkish Competition Board (“Board”) recently pronounced its final decision regarding the full-fledged investigation conducted against Turkish Pharmacist Association and nice pharmacist chambers., in order to determine whether the relevant undertakings has violated Law No. 4054 on the Protection of Competition (“Law No. 4054”), by way of the abuse of dominance, obstruction and restriction competition.

 

The Board has pronounced its final decision on the full-fledged investigation conducted against 32 undertakings active in the traffic insurance market and Association of the Insurance and Reinsurance Companies of Turkey (19.07.2017, 17-23/383-166)

The Turkish Competition Board (“Board”) recently pronounced its final decision regarding the full-fledged investigation conducted against 32 undertakings active in the traffic insurance market and Association of the Insurance and Reinsurance Companies of Turkey, in order to determine whether the relevant undertakings have violated Article 4 of Law No. 4054 on the Protection of Competition (“Law No. 4054”), by way of applying excessive prices through increasing prices in collusion and engaging in market sharing. 

Through its meeting dated 19.07.2017 and numbered 17-23/383-166, the Board decided that the relevant undertakings and association of undertakings have not violated Article 4 of Law No. 4054 and consequently refrained from imposing any monetary fines.

 

The Board has pronounced its final decision on the full-fledged investigation conducted against Volkan Yolcu Taşımacılığı Seyahat Nakliyat Ticaret A.Ş. and Öz Edirne Birlik Mustafa Altunhan (19.07.2017, 17-23/384-167)

The Turkish Competition Board (“Board”) recently pronounced its final decision regarding the full-fledged investigation conducted against Volkan Yolcu Taşımacılığı Seyahat Nakliyat Ticaret A.Ş. (“Volkan”) and Öz Edirne Birlik Mustafa Altunhan (“Öz Edirne”). As a result of its decision dated 19.07.2017 and numbered 17-23/384-167, the Board decided that;

  • Volkan and Öz Edirne that constitute one single economic entity is in a dominant position within the market for Edirne province interprovincial passenger terminal operation and domestic passenger transportation agency.
  • Volkan and Öz Edirne has abused its dominant position by way of aggravating their competitors’ activities within the market and consequently violated Article 6 of the Law No. 4054.
  • Therefore, the Board decided to impose an administrative monetary fine of TRY 733,246.94 on Volkan (% 2.25 of its 2016 turnover) and an administrative monetary fine of TRY 31,986.89 on Öz Edirne (% 1.5 of its 2016 turnover).

 

The Board has launched a full-fledged investigation against Doğan Müzik Kitap Mağazacılık ve Pazarlama A.Ş. (08.06.2017, 17-19/296-M)

The Turkish Competition Board (“Board”) has concluded the preliminary investigation conducted based on the allegations that Doğan Müzik Kitap Mağazacılık ve Pazarlama A.Ş. (“Doğan Müzik”) has obstructed new entries to the market by way of the agreements it concludes and abused its dominant position through aggravating its competitors’ activities. 

The Board found that the relevant allegations and findings are serious and adequate, and decided to launch a full-fledged investigation through its meeting dated 08.06.2017 and decision numbered 17-19/296-M, in order to determine whether Doğan Müzik has violated Law No. 4054 on the Protection of Competition.

 

The Board has launched a full-fledged investigation against Roche Müstahzarları San. A.Ş. (08.06.2017, 17-19/306-M)

The Turkish Competition Board (“Board”) has reevaluated the complaint application, indicating that Roche Müstahzarları San. A.Ş. (“Roche”) has violated Articles 4 and 6 of the Law No. 4054 on the Protection of Competition (“Law No. 4054”), by way of obligating the conclusion of the contracts which foresee foreign sales bans, refusing to supply to Co-Re-Na Ecza Deposu Dış. Tic. Ltd. Şti., which did not accept the terms in question and obstructed the sales of Roche products to the relevant entity, upon the 13th Council of State’s decision.

 

The Board has launched a full-fledged investigation against Türk Henkel Kimya Sanayi ve Ticaret A.Ş. (08.06.2017, 17-19/286-M)

The Turkish Competition Board (“Board”) has concluded the preliminary investigation conducted based on the allegations that Türk Henkel Kimya Sanayi ve Ticaret A.Ş. (“Henkel”) has violated Law No. 4054 on the Protection of Competition (“Law No. 4054”) by of resale price maintenance.

The Board found that the relevant allegations and findings are serious and adequate, and decided to launch a full-fledged investigation through its meeting dated 08.06.2017 and decision numbered 17-19/286-M, in order to determine whether Henkel has violated Article 4 of Law No. 4054.

 

The Board has launched a full-fledged investigation against Diye Danışmanlık Eğitim ve Medya Hizmetleri Tic. A.Ş. (08.06.2017, 17-19/306-M)

The Turkish Competition Board (“Board”) has reevaluated the complaint application, indicating that Diye Danışmanlık Eğitim ve Medya Hizmetleri Tic. A.Ş.  (“Diye”) has violated its dominant position and the Diye’s “Media Barometer” advertiser entities have constituted a purchase cartel, upon the 13th Council of State’s decision.

 

The Board has launched a full-fledged investigation against Çelebi Bandırma Uluslararası Limanı İşletmeciliği A.Ş. (01.06.2017, 17-18/266-M)

The Turkish Competition Board (“Board”) has concluded the preliminary investigation conducted based on the allegations that Çelebi Bandırma Uluslararası Limanı İşletmeciliği A.Ş. (“Çelebi”) has applied excessive prices with regards to the port services rendered to entities that conduct Ro-Ro transportation services.

The Board found that the relevant allegations and findings are serious and adequate, and decided to launch a full-fledged investigation through its meeting dated 01.06.2017 and decision numbered 17-18/266-M, in order to determine whether Çelebi has violated Article 6 of Law No. 4054.

 

The Board has launched a phase-II review regarding the transaction concerning the acquisition of Mardaş Marmara Deniz İşletmeciliği A.Ş. by Limar Liman ve Gemi İşletmeleri A.Ş. (01.06.2017, 17-18/271-M)

The Turkish Competition Board (“Board”) has launched a phase-II review regarding the transaction concerning the acquisition of Mardaş Marmara Deniz İşletmeciliği A.Ş. by Limar Liman ve Gemi İşletmeleri A.Ş., that is controlled by Arkas Holding conducting maritime related activities.

 

The Board has launched a full-fledged investigation against Karsan Otomotiv Sanayi Mamülleri Pazarlama A.Ş. (01.06.2017, 17-18/265-M)

The Turkish Competition Board (“Board”) has reevaluated the complaint application, indicating that Karsan Otomotiv Sanayi Mamülleri Pazarlama A.Ş. (“Karsan”) determines its authorized resellers’ resale prices and rebate rates, obstructs its authorized resellers from selling vehicles with different prices and passive sales outside the territories, eliminates competition by rendering the market transparent and engages in discriminatory behavior, upon the 13th Council of State’s decision.

 

The Board has launched a phase-II review regarding the transaction concerning the acquisition of the sole control of Dosu Maya Mayacılık A.Ş. by Lesaffre et Compaigne (24.05.2017, 17-17/252-M)

The Turkish Competition Board (“Board”) has launched a phase-II review regarding the transaction concerning the acquisition of the sole control of Dosu Maya Mayacılık A.Ş. by Lesaffre et Compaigne. Previously, the Board had conditionally approved the relevant transaction upon a Phase-II review, by way of commitments, through its decision dated 15.12.2014 and numbered 14-52/903-411. Subsequently, the Board’s decision in question has been annulled by Ankara 8th Administrative Court’s decision dated 19.01.2017 and numbered 2015/2488 E., 2017/172 K. With regards to eliminating the competition law concerns indicated in the annulment decision, the Board launched a phase-II review with its decision dated 24.05.2017 and numbered 17-17/252-M.

 

The Board published its reasoned decision on the preliminary investigation conducted against Marshall Boya ve Vernik San. A.Ş. (23.02.2017, 17-08/93-40)

The Turkish Competition Board (“Board”) recently published its reasoned decision on the preliminary investigation conducted against Marshall Boya ve Vernik San. A.Ş. (“Marshall”), based on the allegations that Marshall engaged in customer and territory restrictions between its wholesale distributors, discriminatory behavior and restricted passive sales by way of a computer program. Marshall, which is incorporated under Akzo Nobel N.V. (“AkzoNobel”), is active in the manufacture of automotive and general industrial paintings.

In its reasoned decision, in line with the previous Board decision, the Board initially defined the relevant product market as “the decorative construction paintings market” and the relevant geographical market as “Turkey”.

 

The Board approved the transaction regarding the acquisition of joint control over STADA Arzneimittel AG by Nidda Healthcare Holding AG, which is controlled jointly by Bain Capital Europe Fund IV L.P., one of the funds managed by Bain Capital Investors LLC and funds managed by Cinven Capital Management (VI) Limited Partnership Incorporated, acting through its general partner, Cinven Capital Management (VI) General Partner Limited (24.05.2017, 17-17/255-108)

The Turkish Competition Board (“Board”) approved the transaction regarding the acquisition of joint control over STADA Arzneimittel AG by Nidda Healthcare Holding AG, which is controlled jointly by Bain Capital Europe Fund IV L.P., one of the funds managed by Bain Capital Investors LLC and funds managed by Cinven Capital Management (VI) Limited Partnership Incorporated, acting through its general partner, Cinven Capital Management (VI) General Partner Limited.

 

The Board approved the transaction regarding the establishment of a joint venture between Nippon Yusen Kabushiki Kaisha, Mitsui O.S.K. Lines, Ltd. and Kawasaki Kisen Kaisha, Ltd. (24.5.2017, 17-17/259-110)

The Turkish Competition Board (“Board”) approved the transaction regarding the establishment of a joint venture between Nippon Yusen Kabushiki Kaisha, Mitsui O.S.K. Lines, Ltd. and Kawasaki Kisen Kaisha, Ltd., which will incorporate the relevant entities’ container liner shipping and container terminal related services (except for the terminals in Japan).

 

The Board approved the transaction regarding the acquisition of sole control over CWT Limited by HNA Holding Group Co. Limited (15.5.2017, 17-16/230-96)

The Turkish Competition Board (“Board”) approved the transaction regarding the acquisition of sole control over CWT Limited by HNA Holding Group Co. Limited.

 

The Board approved the transaction regarding the transfer of Tekin Acar Büyük Mağazacılık Ticaret A.Ş.’s 19 lease contracts to Sephora Kozmetik A.Ş. (15.5.2017, 17-16/227-94)

The Turkish Competition Board (“Board”) approved the transaction regarding the transfer of Tekin Acar Büyük Mağazacılık Ticaret A.Ş.’s 19 lease contracts to Sephora Kozmetik A.Ş.

 

The Board approved the transaction regarding the establishment of a joint venture between Linde AG and PJSC Power Machines (15.5.2017, 17-16/222-92)

The Turkish Competition Board (“Board”) approved the transaction regarding the establishment of a joint venture, titled Limited Liability Company Linde Power Machines, between Linde AG and PJSC Power Machines.

 

The Board approved the transaction regarding the acquisition of control over the shares and assets pertaining to Hamburg Südamerikanische Dampfschifffahrts- Gesellschaft KG by Maersk Line A/S (04.05.2017, 17-15/210-89)

The Turkish Competition Board (“Board”) approved the transaction regarding the acquisition of control over the shares and assets pertaining to Hamburg Südamerikanische Dampfschifffahrts- Gesellschaft KG by Maersk Line A/S.

 

The Board approved the transaction regarding the acquisition of sole control over Chryso Group Holding SAS and Financière Chrysalis, by Cinven Capital Management (VI) General Partner Limited’s subsidiary Starcin France SAS (27.4.2017, 17-14/191-77)

The Turkish Competition Board (“Board”) approved the transaction regarding the acquisition of sole control over Chryso Group Holding SAS and Financière Chrysalis, by Cinven Capital Management (VI) General Partner Limited’s subsidiary Starcin France SAS.

 

The Board approved the transaction regarding the acquisition of the Diversey Care business unit of Sealed Air Corporation, including the food hygiene and cleaning business units, by the funds managed by Bain Capital Investors, LLC (27.4.2017, 17-14/192-78)

The Turkish Competition Board (“Board”) approved the transaction regarding the acquisition of the Diversey Care business unit of Sealed Air Corporation, including the food hygiene and cleaning business units, by the funds managed by Bain Capital Investors, LLC.

 

The Board approved the transaction regarding the acquisition of circulating fluidized bed boilers business of Amec Foster Wheeler plc by Sumitomo Heavy Industries, Ltd. (27.4.2017, 17-14/194-80)

The Turkish Competition Board (“Board”) approved the transaction regarding the acquisition of circulating fluidized bed boilers business of Amec Foster Wheeler plc by Sumitomo Heavy Industries, Ltd.

 

The Board has launched a full-fledged investigation against Sahibinden Bilgi Teknolojileri Pazarlama ve Ticareti A.Ş. (04.05.2017, 17-15/175-M)

The Turkish Competition Board (“Board”) has concluded the preliminary investigation conducted based on the allegations that Sahibinden Bilgi Teknolojileri Pazarlama ve Ticareti A.Ş. (“Sahibinden”) has violated its dominant position through excessive pricing.

The Board found that the relevant allegations and findings are serious and adequate, and decided to launch a full-fledged investigation through its meeting dated 04.05.2017 and decision numbered 17-15/175-M, in order to determine whether Sahibinden has violated Article 6 of Law No. 4054 on the Protection of Competition.

 

The Board has launched a full-fledged investigation against Microsoft Bilgisayar Yazılım Hizmetleri Ltd. Şti. (20.04.2017, 11-60/1555-550)

The Turkish Competition Board (“Board”) has reevaluated the complaint application, regarding Microsoft Bilgisayar Yazılım Hizmetleri Ltd. Şti.’s (“Microsoft”) violation of Law No. 4054 on the Protection of Competition (“Law No. 4054”) in scope of its 3+ Project prepared for cyber cafes, upon the 13th Council of State’s decision.

In scope of the previous preliminary investigation conducted for the purposes of the complaint application in question, the relevant applications had been reviewed and through its decision dated 07.12.2011 and numbered 11-60/1555-550, the Board decided to reject to the complaint and did not launch a full-fledged investigation. However, the relevant Board decision has been annulled by the 13th Council of State’s decision dated 25.10.2016 and numbered 2012/1000 E.; 2016/3413 K.

Consequently, by taking the 13th Council of State’s decision into consideration, through its decision dated 20.04.2017 and numbered 17-13/171-M, the Board decided to launch a full-fledged investigation against Microsoft, in order to determine whether it has violated Article 6 of the Law No. 4054. 

 

The Board has launched a full-fledged investigation against undertakings that are members to the Wire Guardrail and Road Security Systems Association and their certain subsidiaries (27.04.2017, 17-14/208-M)

The Turkish Competition Board (“Board”) has concluded the preliminary investigation conducted based on the allegations that undertakings that are members to the Wire Guardrail and Road Security Systems Association (Çelik Otokorkuluk ve Yol Güvenlik Sistemleri Derneği) and their certain subsidiaries have violated Law No. 4054 on the Protection of Competition (“Law No. 4054”) by bidding to the tenders in collusion.

The Board found that the relevant allegations and findings are serious and adequate, and decided to launch a full-fledged investigation through its meeting dated 27.04.2017 and decision numbered 17-14/208-M, in order to determine whether the undertakings indicated below have violated Article 4 of Law No. 4054.

  • Çelik Otokorkuluk ve Yol Güvenlik Sistemleri Derneği 
  • Alka San. İnş. ve Tic. A.Ş. 
  • Çepaş Galvaniz Demir Çelik Madencilik A.Ş. 
  • Kıraç Galvaniz A.Ş. 
  • Kisan Group A.Ş. 
  • Şa-Ra Enerji İnşaat Tic. ve San. A.Ş. 
  • Yimtaş Mühendislik İnşaat Taah. Turz. Metal. San. Tic. A.Ş. 
  • Antakya Galvaniz Metal San. Tic. Ltd. Şti.
     

The Board has launched a full-fledged investigation against OMV Petrol Ofisi A.Ş., Milan Petrol San. Tic. A.Ş. and TP Petrol Dağıtım A.Ş. (20.04.2017, 17-13/166-M)

The Turkish Competition Board (“Board”) has reevaluated the complaint application, regarding certain fuel distribution companies abusing their right of usufruct, by way preventing their distributors from procuring auto gas LPG from companies other than themselves or LPG distribution companies that they appoint and consequently restricting their freedom of contract and competition, upon the 13th Council of State’s decision.

In scope of the previous preliminary investigation conducted for the purposes of the complaint application in question, the relevant applications had been reviewed and through its decision dated 01.10.2009 and numbered 09-43/1093-274, the Board decided to reject to the complaint and refrained from launching a full-fledged investigation. However, the relevant Board decision has been annulled by the 13th Council of State’s decision dated 14.11.2016 and numbered 2010/609 E., 2016/3707 K.

Consequently, by taking the 13th Council of State’s decision into consideration, through its decision dated 20.04.2017 and numbered 17-13/166-M, the Board decided to launch a full-fledged investigation against OMV Petrol Ofisi A.Ş., Milan Petrol San. Tic. A.Ş. and TP Petrol Dağıtım A.Ş., in order to determine whether the relevant undertakings have violated Articles 4 and 6 of the Law No. 4054 on the Protection of Competition. 

 

The Board has pronounced its final decision on the full-fledged investigation conducted against Boru Hatları ile Petrol Taşıma A.Ş. (27.04.2017, 17-14/207-85)

The Turkish Competition Board (“Board”) recently pronounced its final decision regarding the full-fledged investigation conducted against Boru Hatları ile Petrol Taşıma A.Ş., in order to determine whether the relevant undertaking has violated Article 6 of Law No. 4054 on the Protection of Competition (“Law No. 4054”), by way of wrongfully throttling the gas required by Bis Enerji Elektrik Üretim A.Ş., that is active in the production and sales of electricity and consequently aggravating the relevant undertaking’s activities through discriminatory applications.

The full-fledged investigation was initiated based on the annulment of the Board’s decision on the case file, dated 14.10.2010 and numbered 10-65/1372-510, upon the 13th Council of State’s decision dated 22.03.2016 and numbered E: 2011/1129, K: 2016/778.

Through its meeting dated 27.04.2017 and numbered 17-14/207-85, the Board decided that Boru Hatları ile Petrol Taşıma A.Ş. has not violated Article 6 of Law No. 4054 and consequently refrained from imposing any monetary fines on the undertaking.

 

The Board published its reasoned decision on the preliminary investigation conducted against Türk Telekomünikasyon A.Ş. and TTNET A.Ş. (09.02.2017, 17-06/53-20)

The Turkish Competition Board (“Board”) recently published its reasoned decision on the preliminary investigation conducted against Türk Telekomünikasyon A.Ş. (“Türk Telekom”) and TTNET A.Ş. (“TTNET”), based on Ankanet Ses Veri İletişim Ticaret Ltd. Şti.’s (“Ankanet”) allegations that TNNET has increased its subscribers’ effective subscription period to 48 months, by way of the campaigns it offers (especially through one campaign titled “Hafifleten Internet Kampanyası”) which gave rise to an increase in its competitor’s costs for gaining new subscribers and that the relevant campaigns constitute below cost prices.

Türk Telekom is an undertaking which offers fixed phone, mobile phone, data and internet related and value added services in Turkey. TTNET is established as the service provider of Türk Telekom Group and besides internet service provider (“ISP”) services, it is also authorized by the Information and Communication Technologies Authority (“ICTA”) within the fields of infrastructure operation services, cable TV services, fixes phone services, virtual mobile network services, satellite communication services and satellite platform services.

 

The Board published its reasoned decision on the investigation conducted against Aygaz A.Ş. (16.11.2016, 16-39/659-294)

The Turkish Competition Board (“Board”) recently published its reasoned decision on the investigation conducted against Aygaz A.Ş. (“Aygaz”), based on the allegations that Aygaz has violated Article 4 of the Law No. 4054 on the Protection of Competition (“Law No. 4054”) by way of determining the resale prices of its distributors. Aygaz, which is within the Koç Holding A.Ş. Enerji Grubu, is conducting activities with respect to manufacture, procurement, stocking and filing of LPG and the manufacture and sales of devices and products with LPG. Aygaz is conducting activities in Turkey through its brands Aygaz, Mogaz and Lipetgaz.

This document is not intended to create an attorney-client relationship. You should not act or rely on any information in this document without first seeking legal advice. This material is intended for general information purposes only and does not constitute legal advice. If you have any specific questions on any legal matter, you should consult a professional legal services provider.

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Terms & Conditions and Privacy Statement

Mondaq.com (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of www.mondaq.com

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about Mondaq.com’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.

Disclaimer

Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.

Registration

Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to unsubscribe@mondaq.com with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.

Cookies

A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.

Links

This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.

Mail-A-Friend

If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.

Security

This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to webmaster@mondaq.com.

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to EditorialAdvisor@mondaq.com.

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at enquiries@mondaq.com.

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at problems@mondaq.com and we will use commercially reasonable efforts to determine and correct the problem promptly.