Regulation Of Electric Vehicle Charging Station Market Under Turkish Competition Law

1. Definition of the Electric Vehicle Charging Station Market

In its Trugo Decision¹ dated 2023, the Turkish Competition Authority (“TCA”) defined the electric vehicle ("EV") charging station market by first distinguishing charging stations based on their intended use. Accordingly, charging stations are categorized as either publicly accessible or private/restricted-use charging stations. The TCA considers stations serving only a specific group of users (e.g., residents of a residential complex) as private or restricted-use facilities, whereas charging stations located at fuel stations, shopping malls, parking facilities, and highway service areas that are accessible to all users are classified as publicly accessible.

The TCA focuses primarily on publicly accessible charging stations, emphasizing that EV users’ principal need is access to charging services either along travel routes or at destination points. In this context, the TCA considers brand recognition to be a relatively insignificant competitive parameter at the current stage of market development, whereas factors such as location, charging capacity, service reliability, and ancillary services play a more decisive role in consumer choice.

The decision also addresses distinctions based on the technical characteristics of charging services. Charging units are classified according to their power output as slow charging (“AC”) and fast charging (“DC/HPC”) stations. Fast charging stations generally provide charging capacities of 50 kW or more, while stations with substantially higher capacities are referred to as High-Power Charging (“HPC”) stations. The TCA acknowledges that this distinction is primarily relevant due to differences in charging duration, which may influence consumer preferences.

Nevertheless, the TCA adopts a holistic approach by considering both supply-side and demand-side substitutability. From the supply side, undertakings are generally capable of providing both AC and DC charging services subject to technical and commercial considerations. From the demand side, consumers may utilize either type of charging service depending on their needs. Consequently, although fast and slow charging services could potentially constitute separate sub-markets, the TCA preferred a broader market definition considering the nascent stage of market development and the scope of the agreement under review.

Accordingly, the TCA defined the relevant product markets as (i) the market for the installation and operation of publicly accessible EV charging stations and (ii) the market for subscription services providing access to publicly accessible charging stations. This approach reflects the TCA’s intention to adopt a comprehensive framework that considers the dynamic nature of the market and its direct impact on the EV ecosystem.

2. Market Structure and Regulatory Framework for EV Charging Stations

The increasing visibility of climate change, efforts to reduce dependence on fossil fuels, and environmental protection objectives have accelerated the transition toward alternative energy sources. In this context, electric vehicles have become increasingly prevalent due to their environmental benefits, comparatively lower electricity costs, public incentives, and technological advancements. Parallel to this development, the establishment of the necessary infrastructure—particularly the widespread deployment of charging stations—has emerged as a critical requirement.

Although regulatory frameworks governing EV charging stations vary across jurisdictions, their common objectives include ensuring safety, accessibility, and transparency. In Türkiye, the principal regulatory framework is the Charging Services Regulation, issued by the Turkish Energy Market Regulatory Authority ("EMRA") on 2 April 2022.² The Regulation governs, inter alia, the establishment of charging networks, the licensing and operational requirements applicable to charging network operators, the rights and obligations of market participants, and the establishment of a free-access platform.

Following amendments introduced on 17 August 2023, the concepts of the Renewable Energy Guarantee Certificate (“YEK-G”) and Green Charging Station were incorporated into the Regulation. While YEK-G certifies that a specified portion of the electricity supplied to consumers originates from renewable energy sources, a Green Charging Station refers to a charging station whose entire electricity consumption is verified through such certification.

In 2025, amendments to the Planned Areas Zoning Regulation classified the installation of EV charging infrastructure in the common parking areas of residential complexes and apartment buildings as permit-exempt construction activities.³ Later that year, a draft amendment to the Charging Services Regulation was submitted for public consultation.⁴ These developments are expected to facilitate the deployment of charging infrastructure, streamline installation procedures, and improve market entry conditions.

3. Competition Law Risks in the EV Charging Station Market

The effective preservation of competition in the EV charging station market is essential both for the widespread adoption of electric vehicles and for sustaining the environmental benefits associated with this transition. As EV usage continues to expand, competition law enforcement in relation to charging infrastructure is expected to gain increasing importance.

From a global competition law perspective, the principal risk areas in the EV charging station market include:

• Horizontal agreements and concerted practices restricting competition in charging station markets;
• Anti-competitive agreements between charging station operators;
• Exchanges of competitively sensitive information among charging station operators;
• Vertical agreements and practices restricting competition in charging station markets;
• Anti-competitive arrangements between monopoly electricity distribution companies and charging station operators;
• Anti-competitive agreements between EV manufacturers and charging station operators;
• Abuse of dominance through foreclosure of market entry or other exclusionary conduct;
• Discriminatory allocation of transformer capacity or preferential treatment of charging station operators affiliated with electricity distribution companies;
• Pricing practices in charging station markets;
• Assessment of sustainability-related horizontal cooperation agreements and merger transactions.

4. Competition Authority Enforcement Practice

4.1. The ZES Decision⁵

In its decision dated 13 February 2025 concerning ZES, the Turkish Competition Authority examined the relationship between Otoyol İşletme ve Bakım AŞ ("OİB") and ZES in the market for EV charging services on the O-5 Istanbul–Izmir Motorway. The investigation focused on allegations that the parties had infringed Articles 4 and 6 of Law No. 4054 through de facto exclusivity arrangements favoring ZES at motorway service facilities and discriminatory conduct by OİB toward competing charging operators.

The TCA found that the O-5 motorway constituted a geographically closed market, that OİB held a monopoly position within that market, and that ZES possessed significant market power. During the investigation, the parties resorted to settlement and commitment mechanisms. The aspects concerning exclusivity arrangements were resolved through settlement, while OİB submitted commitments aimed at eliminating discriminatory practices.

These commitments included refraining from exclusivity arrangements, ensuring equal treatment of all charging operators in relation to project fees, deposits, revenue-sharing arrangements and operating costs, and avoiding discrimination against new entrants. The TCA concluded that the commitments were suitable, proportionate, and capable of addressing the identified competition concerns, and therefore terminated the investigation in this respect.

The commitments rendered binding upon OİB include:

• Not entering into exclusive agreements with any undertaking providing EV charging services on the O-5 motorway;
• Refraining from discriminatory practices concerning project entry fees, deposits, revenue-sharing ratios, and operating expenses in agreements concluded with charging service providers operating or intending to operate at Oksijen service facilities;
• Aligning existing agreements with these commitments; and
• Reporting to the Competition Authority every six months for a period of five years to facilitate monitoring of compliance.

4.2. The Trugo Decision⁶

In its decision dated 21 December 2023, the Turkish Competition Autority assessed a strategic cooperation agreement between Trugo and Shell concerning the establishment of a high-performance EV charging network.

Under the cooperation framework, the parties intended to establish a widespread charging network at Shell service stations, provide reciprocal charging services through their respective applications, and cooperate in relation to technical infrastructure and customer support services. TCA characterized the Charging Network Agreement as a horizontal cooperation agreement containing certain vertical elements and restrictions of competition. It further considered the possibility that Trugo and Shell—undertakings maintaining a competitive relationship—could exchange commercially sensitive information through the related Service Supply Agreement submitted during the review process.

Notwithstanding these concerns, the TCA concluded that the cooperation satisfied the conditions for an individual exemption under Article 5 of Law No. 4054. In particular, the TCA emphasized that the agreement would facilitate the sharing of substantial investment costs, accelerate the rollout of charging infrastructure, generate consumer benefits, and create efficiencies in a developing market. Accordingly, despite its restrictive effects on competition, the agreement was permitted on the basis that its economic and technological benefits outweighed the identified competition concerns.

5. Conclusion

The Turkish EV charging station market is undergoing a dynamic development process driven by sustainability objectives, technological transformation, and rapidly increasing consumer demand. The sector’s evolving and still-developing structure is being supported through secondary legislation adopted by EMRA and regulatory amendments facilitating infrastructure deployment.

However, the market’s ability to achieve sustainable growth and ensure fair consumer access ultimately depends on the effective preservation of competitive market conditions. As demonstrated by the TCA’s decisions in Trugo, ZES, and OİB, the Turkish Competition Authority closely monitors the sector and adopts a proactive approach toward both horizontal and vertical competition concerns.

A review of the TCA’s enforcement practice reveals two principal strategic approaches. First, as illustrated by the Trugo decision, the TCA demonstrates flexibility through the grant of individual exemptions for collaborations that alleviate substantial investment burdens, accelerate infrastructure deployment, and generate consumer welfare through efficiencies and technological progress. Second, as reflected in the ZES/OİB decision, the TCA adopts a strict stance against de facto exclusivity arrangements, exclusionary conduct, and discriminatory practices in geographically constrained markets or monopoly-controlled motorway networks.

By making effective use of settlement and commitment mechanisms, the TCA has sought to facilitate market development while simultaneously sending a clear signal regarding future competition concerns, including transformer-capacity allocation, vertical integration, pricing strategies, and exchanges of competitively sensitive information. Consequently, Turkish competition law enforcement is expected to continue functioning as a balancing regulatory force that both encourages investment and removes barriers to entry in the EV charging station market.

Footnotes

1. Authority decision dated 21.12.2023 and numbered 23-60/1159-414.

2. Energy Market Regulatory Authority, Regulation on Charging Services, published in the Official Gazette dated 02.04.2022 and numbered 31797.

3. Ministry of Environment, Urbanization and Climate Change of the Republic of Türkiye, Regulation Amending the Zoning Regulation on Planned Areas, published in the Official Gazette 11.03.2025 and numbered 32838.

4. Energy Market Regulatory Authority, Regulation Amending the Regulation on Charging Services, published in the Official Gazette 23.03.2026 and numbered 33202.

5. Authority decision dated 04.07.2024 and numbered 24-28/679-M.

6. Authority decision dated 21.12.2023 and numbered 23-60/1159-414.

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