Turkey: Recent Cases

Last Updated: 16 June 2017
Practice Guide by ELIG, Attorneys-at-Law

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.

 

The Board approved the transaction regarding the acquisition of Vive B.V.’s acquisition of sole control by Toyota Industries Europe AB (06.04.2017, 17-12/143-63)

The Turkish Competition Board (“Board”) approved the transaction regarding the acquisition of Vive B.V.’s acquisition of sole control by Toyota Industries Europe AB, which was solely controlled by Toyota Industries Corporation.

 

The Board approved the transaction regarding the acquisition of Zet Farma Lojistik Hizmetleri San. ve Tic. A.Ş.’s shares by Kühne+Nagel Nakliyat Ltd. Şti. (06.04.2017, 17-12/148-67)

The Turkish Competition Board (“Board”) approved the transaction regarding the acquisition of Zet Farma Lojistik Hizmetleri San. ve Tic. A.Ş.’s shares by Kühne+Nagel Nakliyat Ltd. Şti. 

 

The Board approved the transaction regarding the acquisition of sole control over Grome İç ve Dış Ticaret Ltd. Şti., GROME Marketing (Cyprus) Ltd. and Bathroom Solutions Ltd.  by LIXIL Group Corporation, through Grohe AG (6.4.2017, 17-2/151-68)

The Turkish Competition Board (“Board”) approved the transaction regarding the acquisition of sole control over Grome İç ve Dış Ticaret Ltd. Şti., GROME Marketing (Cyprus) Ltd. and Bathroom Solutions Ltd.  by LIXIL Group Corporation, through Grohe.

 

The Board granted individual exemption to the Cooperation of Distributorship and Device Agreement signed between Turkcell Satış ve Dağıtım Hizmetleri A.Ş. and KVK Teknoloji Ürünleri ve Tic. A.Ş. & Genpa Telekomünikasyon ve İletişim Hizmetleri San. ve Tic. A.Ş. (06.04.2017,  17-12/145-64)

The Turkish Competition Board (“Board”) granted individual exemption to the Cooperation of Distributorship and Device Agreement signed between Turkcell Satış ve Dağıtım Hizmetleri A.Ş. and KVK Teknoloji Ürünleri ve Tic. A.Ş. & Genpa Telekomünikasyon ve İletişim Hizmetleri San. ve Tic. A.Ş..

 

The Board granted individual exemption to the agreement signed between Daiichi Sankyo İlaç Ticaret Ltd. Şti. and Aksel Ecza Deposu A.Ş. (06.04.2017, 17-12/147-66)

The Turkish Competition Board (“Board”) granted individual exemption to the agreement, which exclusively authorizes Aksel Ecza Deposu A.Ş. regarding the tender sales of the medicine titled Simdax, in Turkey.

 

The Board decided that the Tender Sales Agreement signed between Sanofi Sağlık Ürünleri Ltd. Şti. and Aksel Ecza Deposu Ticaret A.Ş. benefits from block exemption concerning certain types of medicine and granted individual exemption to the relevant agreement with respect to other types of medicine (23.3.2017, 17-11/130-59)

The Turkish Competition Board (“Board”) decided that the Tender Sales Agreement signed between Sanofi Sağlık Ürünleri Ltd. Şti. and Aksel Ecza Deposu Ticaret A.Ş. benefits from block exemption concerning certain types of medicine (i.e. Allegra, Amikozit, Amlodis, Arifay, Artril+ Dolven, Azro, Delix Protect, Eveptin+Gabtin, Festal, Helicol, Lasix, Mirtaron, Nasacort, Nortan, Piogtan, Prosek, Rifocin, Sarvas, Sarvastan, Sempriban, Tamprost, Tavanic, Trental, Zaltrap, Zepahex, Sefotak, Zentovir, Taxotere) and granted individual exemption to the relevant agreement with respect to other types of medicine (i.e. Amaryl, Antibit, Apidra, Arava, Bemiks, Bemiks Ampul, Clexane, Cordarone, Coumadin, Depakin, Dermo-Rest, Delix, Diazomid, Dideral, Dogmatil+Sulpir, Emedur, Excegran, Fasturtec, Flantadatin, Fludara, Furacin, Jevtana, Karvea, Karvezide, Lantus, Muscoril, Nibulan, Nörofren, Paranox, Paranox-S, Plaquenil, Plavix, Bi-Profenid, Rilutek, Sabril, Sanasol, Seralin, Sinopryl, Sinoretik, Solian, Surgam, Synvisc, Targocid, Xatral, Prepar, Enterogermina).

 

The Board granted individual exemption to the card data retention service that will be provided by Bankalararası Kart Merkezi A.Ş. (23.3.2017, 17-11/134-61)

The Turkish Competition Board (“Board”) granted individual exemption to the card data retention service that will be provided by Bankalararası Kart Merkezi A.Ş., which will be terminated after one year beginning from the date of the decision.

 

The Board approved the merger of Entco Spinco Inc. (which has acquired the software business of Hewlett Packard Enterprise Company) and Micro Focus International Plc (13.3.2017, 17-10/115-51)

The Turkish Competition Board (“Board”) approved the merger of Entco Spinco Inc. (which has acquired the software business of Hewlett Packard Enterprise Company) and Micro Focus International Plc.

 

The Board approved the acquisition of sole control of Kurt ve Kurt İthalat İhracat ve Mümessillik A.Ş by Hitachi Ltd. (13.3.2017, 17-10/118-53)

The Turkish Competition Board (“Board”) approved the acquisition of sole control of Kurt ve Kurt İthalat İhracat ve Mümessillik A.Ş by Hitachi Ltd.

 

The Board granted individual exemption to the “Cooperation Agreement” concerning the advertisement of Seretide branded products signed between GlaxoSmithKline İlaçları San. ve Tic. A.Ş. and Bilim İlaç San. ve Tic. A.Ş.(13.3.2017, 17-10/119-54)

The Turkish Competition Board (“Board”) granted individual exemption to the “Cooperation Agreement” concerning the advertisement of Seretide branded products signed between GlaxoSmithKline İlaçları San. ve Tic. A.Ş. and Bilim İlaç San. ve Tic. A.Ş.

 

The Board has launched full-fledged investigation against ADM Elektrik Dağıtım A.Ş., Aydem Elektrik Perakende Satış A.Ş., GDZ Elektrik Dağıtım A.Ş., Gediz Elektrik Perakende Satış A.Ş., Bereket Enerji Grubu A.Ş. and GDZ Enerji Yatırımları A.Ş. (16.02.2017, 17-07/69-M)

The Turkish Competition Board (“Board”) concluded the preliminary investigation conducted based on the allegations that ADM Elektrik Dağıtım A.Ş., Aydem Elektrik Perakende Satış A.Ş., GDZ Elektrik Dağıtım A.Ş. and Gediz Elektrik Perakende Satış A.Ş have violated Law No. 4054 by way of restraining the activities of independent suppliers, restricting the consumers’ right to choose their own suppliers.

In its meeting dated 16.02.2017, the Board has evaluated the information and documents obtained during the pre-investigation and assessed that the findings were serious and sufficient to launch an investigation against (i) ADM Elektrik Dağıtım A.Ş., (ii) Aydem Elektrik Perakende Satış A.Ş., (iii) GDZ Elektrik Dağıtım A.Ş.GDZ Enerji Yatırımları A.Ş., (iv) Bereket Enerji Grubu A.Ş., and (v) Gediz Elektrik Perakende Satış A.Ş., in order to determine whether the relevant undertakings have violated Article 6 of Law No. 4054, by its decision numbered 17-07/69-M. 

 

The Board has concluded the investigation conducted against Aslanlar Metal Alüminyum P.V.C. Plastik İmalatı İth. İhr. San. ve Tic. Ltd. Şti. and Solar-San Vakumlu Cam Tüp Üretim San. ve Tic. A.Ş. (23.02.2017, 17-08/100-43).

The Turkish Competition Board (“Board”) has announced that the investigation conducted against Aslanlar Metal Alüminyum P.V.C. Plastik İmalatı İth. İhr. San. ve Tic. Ltd. Şti. and Solar-San Vakumlu Cam Tüp Üretim San. ve Tic. A.Ş., based on the allegations that the undertakings concerned have violated Article 4 of Law No. 4054 by way of agreeing to limit the supply and/or increase the prices of vacuumed class tube caps.

As a result of the Board’s meeting dated 23.02.2017, the Board concluded that the undertakings concerned have not violated Article 4 of Law No. 4054 and therefore decided not to impose any administrative monetary fines on the undertakings pursuant to Article 16 of Law No. 4054.

 

The Board published the reasoned decision on the negative clearance/individual exemption request for the Ground Services Agreement signed between TGS Yer Hizmetleri A.Ş. and Türk Hava Yolları A.O. (15.12.2016, 16-44/707-320)

The Turkish Competition Board (“Board”) published the reasoned decision on the negative clearance/individual exemption request for the Ground Services Agreement signed between TGS Yer Hizmetleri A.Ş. (“TGS”) and Türk Hava Yolları A.O. (“THY”).

THY is an Istanbul based private company, which is regarded as Turkey’s flag carrier, operating flights to 284 spots, comprising of 43 domestic and 235 international destinations. With respect to its flight network, THY stands as the 4th company among the list of the companies which have the largest flight networks. TGS has been established as a joint venture company by THY and Havaalanları Yer Hizmetleri A.Ş. (“HAVAŞ”). It is indicated within the decision that the Board has previously approved the establishment of TGS with its decision dated 27.08.2009 and numbered 09-40/986-248.

 

The Board published the reasoned decision on the individual exemption request for the Importer Agreement signed between Volvo Truck Corporation and Temsa İş Makinaları İmalat Pazarlama ve Satış A.Ş. (06.12.2016, 16-42/692-310)

The Turkish Competition Board (“Board”) published the reasoned decision on the individual exemption request for the Importer Agreement signed between Volvo Truck Corporation (“VTC”) and Temsa İş Makinaları İmalat Pazarlama ve Satış A.Ş. (“TEMSA”). Both of the parties area of activity is fundamentally concerned with the manufacture and distribution of heavy commercial vehicles.

In its reasoned decision, the Board found that the scope of the agreement is related with the exclusive appointment of TEMSA by VTC, regarding marketing, sales and distribution of truck frames, accessories, parts and repair, maintenance, advance delivery, guarantee procedures and free-of-charge services rendered in Turkey. In this regard, the Board defined the relevant product market as “the market for the sales of heavy commercial vehicles”, “the market for the spare parts related to heavy commercial vehicles” and “the market for the repair and maintenance of Volvo branded vehicles”.

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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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.