Law No. 4054 on the Protection of Competition ("Competition Law")

The purpose of the Competition Law is to prevent (i) agreements, decisions and practices preventing, distorting or restricting competition in markets for goods and services; (ii) abuse of dominance by dominant undertakings; and (iii) block concentrations that lead to a significant lessening of competition, and to ensure the protection of competition by enforcing the necessary regulations and carrying out the needed research/monitoring activities to this end.

Article 4 of the Competition Law

It is akin to and closely modeled on Article 101(1) of the Treaty on the Functioning of the European Union ("TFEU"). It prohibits all agreements between companies, trade associations and concerted practices that have (or may have) as their object or effect the prevention, restriction or distortion of competition within a Turkish product or services market or a part thereof.

Article 6 of the Competition Law

It restricts unilateral conduct of a dominant undertaking. It provides that 'any abuse on the part of one or more undertakings, individually or through joint venture agreements or practices, of a dominant position in a market for goods or services within the whole or part of the country is unlawful and prohibited.' Although it does not define what constitutes 'abuse' per se, it provides five examples of forbidden abusive behavior, which represents a non-exhaustive list and is, to some extent, in line with Article 102 of the TFEU.

Article 7of the Competition Law

It authorizes the Board to regulate, through communiqués, which mergers and acquisitions should be notified and approved in order to gain validity. As a matter of Article 7, the Board clears mergers and acquisitions which do not create or strengthen a dominant position and do not significantly impede effective competition in a relevant product market within the whole or part of Turkey. Further to this provision, Communiqué No. 2010/4 sets forth the types of mergers and acquisitions that are subject to the Board's review and approval.