What is the main competition law in Turkey?

The main competition law in Turkey is the Act on the Protection of Competition No. 4054, which entered into force in 1994. It prohibits anticompetitive agreements (Article 4), abuse of dominant market position (Article 6), and regulates mergers and acquisitions that may lessen competition (Article 7). The law is enforced by the Turkish Competition Authority (Rekabet Kurumu).

What penalties can the Turkish Competition Board impose?

Under Article 16 of Competition Law No. 4054, the Competition Board can impose administrative fines of up to 10% of the undertaking's annual gross turnover generated at the end of the financial year preceding the decision. For individuals acting on behalf of undertakings, fines up to 5% of the fine imposed on the undertaking may also apply.

Does Turkey have a leniency program for cartel violations?

Yes, Turkey has a leniency program governed by Communique No. 2009/2 on the Regulation of the Right Not to Be Fined or Having Fines Reduced. The first applicant providing evidence of a cartel to the Competition Board may receive full immunity from fines, while subsequent applicants may receive fine reductions of up to 50%, 33%, or 25% depending on their order of application.

When must a merger or acquisition be notified to the Competition Board?

Under Article 7 of Law No. 4054 and Communique No. 2010/4 on Mergers and Acquisitions Requiring Board Approval, transactions must be notified when the parties' combined Turkish turnover exceeds TRY 750 million and at least two parties individually exceed TRY 250 million in Turkish turnover, or when the worldwide turnover of any party exceeds TRY 3 billion (thresholds periodically updated).

Competition Law

Turkish competition law is governed by Law No. 4054 on the Protection of Competition, modeled after EU Treaty Articles 101-102, and enforced by the Turkish Competition Authority (Rekabet Kurumu). The law prohibits three categories of anti-competitive conduct: agreements restricting competition (Art. 4), abuse of dominant position (Art. 6), and concentrations that significantly impede effective competition (Art. 7). Merger and acquisition transactions must be notified to the TCA if either party’s Turkish turnover exceeds 250 million TL or combined worldwide turnover exceeds 750 million TL (2026 thresholds). Administrative fines for cartel violations can reach up to 10% of the undertaking’s annual gross revenue. The TCA may also impose personal fines of up to 5% of the company fine on responsible managers. Leniency applications can reduce fines by 100% for the first applicant. Investigations are typically completed within 6-15 months.

What Are the Core Principles of Turkish Competition Law?

What is competition law? The primary objective of competition law is to prevent agreements, decisions, and actions that hinder, distort, or restrict competition in goods and services markets, as well as the abuse of market dominance by influential entities. Additionally, the law serves to safeguard consumer rights.This law encompasses the establishment of procedures for investigation, enforcement, and compensation claims. It addresses pricing policies, transactions, legal behaviors related to possession, and measures to support competition, including their determination, regulation, and supervision.

How Do Turkish Antitrust Regulations Protect Market Competition?

Antitrust regulations, encompassing laws that prohibit monopolies, anti-competitive mergers, and price discrimination in the sale of goods, establish conditions for fair competition within markets. The primary objectives of this legal framework are to protect consumers, promote equitable opportunities for businesses, and stimulate innovation in the marketplace. Adherence to antitrust laws is imperative for businesses to contribute to a competitive environment while avoiding legal ramifications associated with non-compliance.

What Are the Key Components of Competition Law in Turkey?

Among the key components of this law, we can mention economic enterprise, enterprise union, and gentlemen’s agreement. Enterprise refers to “natural and legal persons producing, marketing and selling goods or services in the market and units that can make independent decisions and form an economic whole”. Enterprise union is “types of associations with legal personality or without legal personality that are formed by institutions to achieve certain goals”. Gentlemen’s agreements refer to contracts between businesses based on mutual trus.

What Constitutes Anti-Competitive Behaviour?

Anti-competitive behavior encompasses various practices that hinder fair competition within the market. This can include collusion, price fixing, bid rigging, market sharing, and other concerted efforts to manipulate market conditions. Understanding the specific actions that fall under this umbrella is paramount for businesses aiming to uphold ethical standards and comply with Turkish competition law.

What Types of Anti-Competitive Behavior Are Prohibited Under Turkish Law?

Turkish Competition Law: Violation Types and Penalties
Violation Type	Legal Basis	Maximum Fine	Investigation Period	Leniency Available
Horizontal Agreements (Cartels)	Law No. 4054, Art. 4	10% of annual gross revenue	6-15 months	Yes (up to 100% reduction for first applicant)
Abuse of Dominant Position	Law No. 4054, Art. 6	10% of annual gross revenue	6-15 months	No
Gun-Jumping (Premature Merger)	Law No. 4054, Art. 7	0.1% of turnover per day of delay	Phase I: 30 days; Phase II: 6 months	No
Failure to Notify Merger	Merger Communique No. 2010/4	0.1% of turnover per day	N/A	No
Personal Liability (Managers)	Law No. 4054, Art. 16(3)	5% of company fine	Same as company investigation	Yes (if company applies)

Price-fixing agreements between competitors
Market allocation or customer sharing arrangements
Bid rigging in public or private tenders
Resale price maintenance in distribution agreements
Predatory pricing by dominant firms
Refusal to deal or exclusionary conduct
Tying and bundling practices
Excessive pricing by firms with market dominance

Diving into the nuanced landscape of anti-competitive behavior reveals distinct types that businesses should be vigilant against. Price-fixing involves collusion among competitors to set prices artificially, limiting consumer choice. Bid rigging, on the other hand, disrupts the competitive bidding process by prearranging winners. Market sharing agreements, where competitors divide territories or customers, can stifle fair competition. Awareness of these types of behavior is crucial for businesses to proactively prevent and address any potential violations, ensuring a level playing field in the marketplace.

Price Manipulation

Price manipulation encompasses deliberate actions aimed at misleading or manipulating prices within financial markets with the intent of creating a false impression and exercising intentional control over market prices. Various methods are employed in the execution of price manipulation, including the dissemination of fabricated news and content, the emphasis on particular information, and the utilization of internal, non-public information. The term “internal information” pertains to data that has not yet been disclosed to the public.

Monopoly

Monopoly occurs when a single company or individual exclusively controls the production or distribution of a particular product. In a monopoly, the dominant entity can exercise its power and influence without regard for competitors or other market participants. This includes the ability to set prices independently. Furthermore, the monopoly ensures that the product in question is exclusively produced or distributed by the monopolistic entity, resulting in the absence of alternatives in the market.

Agreements, Concerted Practices, and Decisions Limiting Competition

“Agreements, Concerted Practices, and Decisions Limiting Competition” denote agreements designed to restrict competition with a direct or indirect purpose. Such actions encompass measures to impede, distort, or limit competition within specific markets for goods or services. Examples include the division or control of market resources, such as segmenting markets or determining the supply and demand of goods or services outside market mechanisms. Additionally, these may involve imposing dissimilar conditions on entities of equal standing concerning their rights, obligations, and actions.

How Does Turkish Law Define and Penalize Unfair Competition?

Unfair competition encompasses actions wherein an individual or entity obstructs or disrupts business operations, causing harm to the material or moral interests of another party. The Turkish Penal Code prescribes diverse penalties for such transgressions, including monetary fines, restitution of material and spiritual damages, and potential imprisonment. It is imperative to note that the severity of these penalties is contingent upon the specific nature and gravity of the unfair competition law behavior in question.

How Can You Protect Your Business From Anti-Competitive Behaviour?

File a complaint with the Turkish Competition Authority (Rekabet Kurumu)
TCA initiates a preliminary investigation (30 days)
If evidence warrants, TCA opens a formal investigation (6-15 months)
Parties submit written defenses and attend oral hearings
TCA Board issues a reasoned decision (fine, conditional approval, or clearance)
Appeal to administrative court within 60 days of notification
Administrative court review (typically 12-18 months)

To safeguard your business against anti-competitive behavior, it is imperative to employ strategic measures. First and foremost, a thorough understanding of relevant laws and rights is essential. Additionally, gaining insights into competitors’ objectives and methodologies is crucial. Strategic planning, coupled with up-to-date knowledge, minimizes risks effectively. Furthermore, the establishment of contracts assumes a pivotal role, necessitating proper legal expertise. In conclusion, a comprehensive approach involving legal acumen, competitor awareness, and strategic planning is instrumental in fortifying your business against anti-competitive practices.

Cartels

Cartels represent clandestine alliances among competitors, aiming to curtail competition by fixing prices, market division, or output restrictions. Such collaborations detrimentally impact consumers, limiting choices, and inflating prices in accordance to Article 4 of Law No. 4054 explicitly prohibits cartel activities. Violating businesses not only face substantial fines but also risk imprisonment for their executives therefore it is always advised to contact our competition lawyers to ensure the laws are being obaied.

Guarding Against Abuse of Dominant Positions

When a business holds a dominant market position, ethical responsibility dictates abstaining from abusing that power. Unfair practices include predatory pricing, exclusive dealing, and tying arrangement. Article 18 of Law No. 4054 prevents dominant businesses from exploiting their position. The Turkish Competition Law Authority actively investigates and imposes substantial fines for such abuses, which will lead to competition litigation.

Bid-Rigging

Bid-rigging involves collusion among competitors to manipulate tender or auction bids, often pre-determining the winner or artificially inflating prices. Bid-rigging is strictly prohibited under Article 4 of Law No. 4054, with businesses facing fines and potential exclusion from future public tenders.

Other Potentially Anti-Competitive Agreements

Other potentially anti- competitive agreements can be sharing sensitive market information among competitors raises concerns about collusive behavior. Where agreements dividing territories or customer segments can stifle competition and limit consumer choice.

How to make sure your business complies with competition law?

Merger Notification Thresholds (2026)
Threshold	Criterion	Amount (TL)
Turkish Turnover Test	Either party’s Turkish turnover	250 million TL
Combined Worldwide Test	Combined worldwide turnover	750 million TL
Asset/Revenue Test	Transaction party’s Turkish assets or revenue	250 million TL
Review Period (Phase I)	Initial review	30 calendar days
Review Period (Phase II)	In-depth review	6 months

Establishing a compliance framework involves not only reviewing internal practices but also fostering a corporate culture that prioritizes fair competition. Periodic training sessions for employees, emphasizing the nuances of antitrust laws, can serve as a proactive measure to embed compliance principles within the organizational ethos. Furthermore, engaging legal counsel to stay apprised of any legislative changes ensures a proactive stance in aligning business strategies with evolving legal requirements.

What to pay attention to avoid cartel behaviour?

Beyond internal controls, fostering transparency in collaborations within the industry is pivotal. This can involve implementing clear guidelines for business interactions and regular assessments to identify and rectify any potential pitfalls. Mitigating the risk of cartel-like activities requires a comprehensive strategy that encompasses both proactive prevention and responsive corrective actions.