Key Regulations

Regulation on Active Cooperation for Detecting Cartels It lays down the procedures and principles of the leniency system. Companies/trade associations (and their managers/employees) that actively cooperate with the TCA may benefit from the leniency program and receive immunity/reductions from/in fines. The leniency program is only available in cartel cases.
Regulation on Administrative Monetary Fines to Apply in Cases of Agreements, Concerted Practices and Decisions Restricting Competition and Abuse of Dominant Position It lays down the procedures and principles on the calculation and setting of administrative monetary fines imposed on violators of Articles 4 and 6 of the Competition Law.

Key Communiqué(s)

Communiqué No. 2010/4 on Mergers and Acquisitions Requiring the Approval of the Board It is the primary instrument in assessing merger cases. It sets forth the types of mergers and acquisitions that are subject to the Board’s review and approval. It also poses the principles of and procedures for merger control filings.
Communiqué No. 2002/2 on the Block Exemption on Vertical Agreements It establishes the conditions for granting block exemption to vertical agreements between two or more undertakings conducting activities on different levels of production and supply chains (non-competitors) for the purchase, supply or re-sale of products/services, from the application of the prohibition laid down under Article 4 of the Competition Law.
Communiqué No. 2010/3 on Regulation of Right to Access to File and Protection of Commercial Secrets It regulates the conditions under which undertakings may have access to the Competition Authority’s respective case file. It also lays down the principles and conditions of confidentiality requests with respect to trade secrets.
Communiqué No. 2012/2 on the Application Procedure for Infringements of Competition It regulates the procedures and principles of complaints to be filed with the TCA concerning infringement of Articles 4 and/or 6 and 7.
Communiqué No. 2017/3 on the Block Exemption for the Vertical Agreements in the Motor Vehicle Sector It establishes the conditions for granting block exemption to vertical agreements in the motor vehicle sector from the application of the Article 4 prohibition.
Communiqué No. 2013/3 on the Block Exemption for Specialization Agreements It establishes the conditions for granting block exemption to the agreements related to specialization on production or distribution, concluded between undertaking that conduct activities or own financial assets that complement one another, from the application of the Article 4 prohibition.

Communiqué No. 2008/2 on the Block Exemption for Technology Transfer Agreements It establishes the conditions for granting block exemption to technology transfer agreements from the application of the Article 4 prohibition.
Communiqué No. 2016/5 on the Block Exemption for Research and Development Agreements It establishes the conditions for granting block exemption to R&D agreements from the application of the Article 4 prohibition.
Communiqué No. 2008/3 on the Block Exemption in Relation to the Insurance Sector It establishes the conditions for granting block exemption to certain agreements in the insurance sector from the application of the Article 4 prohibition.
Communiqué No. 2013/4 on the Procedures and Principles to Be Pursued in Pre-Notifications and Authorization Applications to Be Filed With The Competition Authority in Order For Acquisitions via Privatization to Become Legally Valid It establishes the procedures and principles of pre-filings in privatization cases.

Key Guidelines

Guidelines on Cases Considered as Mergers or Acquisitions and the Concept of Control

Guidelines on Undertakings Concerned, Turnover and Ancillary Restrictions in Mergers and Acquisitions

Guidelines on Vertical Agreements

Guidelines On The Block Exemption Communiqué On Vertical Agreements In The Motor Vehicles Sector, No 2017/3

Guidelines on the Assessment of Exclusionary Abusive Conduct by Dominant Undertakings

Guidelines on the General Principles of Exemption

Guidelines on the Assessment of Horizontal Mergers and Acquisitions

Guidelines on the Assessment of Non-Horizontal Mergers and Acquisitions

Guidelines on Horizontal Cooperation Agreements

Guidelines on Active Cooperation for the Exposure of Cartels

Guidelines on the Remedies that would be Permitted by the Turkish Competition Authority in the Mergers and Acquisitions

Guidelines on Technology Transfer Agreements

Guidelines on the Relevant Market Definition

Guidelines on Contract Manufacturing Agreements

The Board’s Precedents

The TCA’s jurisprudence carries a particular importance in Turkish competition law enforcement. In parallel to the EU law, the Turkish competition law has a tendency to improve as “case law” through the Board’s jurisprudence. The Board’s reasoned decisions may range from 10 to 100 pages in length, depending on the subject. The reasoned decisions explain the basics of the Board’s reasoning, the facts surrounding the case and the technical concepts of competition law that apply to these facts. Once the Board’s practice on a concept becomes well-established and widely accepted, the Board may and do enact those concepts under guidelines.

Also, the Board is inclined to closely follow the EU case law and takes the European Commission’s precedents into consideration through its evaluations.