Turkey - Competition/Antitrust Lawyers & Law Firms - Europe - Chambers and Partners
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Europe Guide

Competition/Antitrust — Turkey

Overview

TURKEY: An Introduction to Turkey Contributed by ELIG Attorneys at Law

The relevant legislation establishing competition law principles in Turkey is Law No. 4054 on Protection of Competition of 13 December 1994 ('Law No. 4054’). This legislation is reinforced by various regulations, communiqués and guidelines, which are adopted in parallel to secondary legislation of EU competition law. The national competition agency enforcing competition law rules is the Turkish Competition Authority (the 'Authority'), a legal entity with administrative and financial autonomy.

Although the Turkish Competition Board’s ('Board') recent enforcement activity does not contain many cases in which companies were fined due to restrictive agreements or concerted practices (Article 4 of Law No. 4054), the Board concluded that six cement companies operating in the Aegean region of Turkey violated Article 4 of the Competition Law by sharing sales territories and increasing resale prices in collusion in the Aegean region (14 January 2016, 16-02/44-14). The decision is pertinent in that the Board classified the case as ‘cartel’ and defined cartels in a manner that encapsulates both agreements and concerted practices. The Board fined the cement producers by a total of approximately TL 71 million (approximately EUR 17.3 million). The fines ranged between 3% and 4.5% of each company’s 2014 annual turnover. These fines were relatively high in the Turkish jurisdiction in terms of turnover percentage.

In 2017 the Board rendered significant decisions regarding abuse of dominance (Article 6 of Law No. 4054). One of these cases concerned the Turkish Pharmacists’ Association (Türk Eczacılar Birliği, “TEB”) and Turkish Pharmacists’ Association Commercial Enterprise (Türk Eczacıları Birliği Iktisadi Işletmesi, “TEBII”) (6 December 2016; 16-42/699-313). The Board initiated an investigation against TEB and TEBII in order to determine whether TEB and TEBII abused their dominant position in the market for “supply of pharmaceuticals from abroad” through their exclusivity practices and other actions, and thus violated Article 6 of Law No. 4054. The Board decided that TEB’s actions were leading to market foreclosure and, thus, TEBII carried out abusive conducts for hindering its competitors’ activities and violated Article 6 of Law No. 4054 through its exclusivity agreements with the companies that procure pharmaceuticals from abroad. In this regard, the Board decided to impose an administrative monetary fine on TEBII, amounting to 1.5% of TEBII’s turnover generated in 2015 financial year which corresponds to TL 18,062,307.32. The Board also decided to appoint the Presidency of the Competition Authority to send an opinion to Turkish Ministry of Health and Social Security Institution to promote the competition in terms of market for the supply of pharmaceuticals from abroad.

In 2017, the Board conditionally approved the transaction concerned the acquisition of sole control by Migros Ticaret A.Ş. (‘Migros’) over Tesco Kipa Kitle Pazarlama Ticaret Lojistik ve Gıda San. A.Ş (‘Tesco Kipa’) which is controlled by Tesco Overseas Investments Limited (‘Tesco’) (9 February 2017, 17-06/56-22). As a result of its assessments, the Board has decided that (I) the transaction may create dominant position or strengthen an existing dominant position and thus it may lead substantial lessening of competition in a certain number of districts in which horizontal concentration is occurred and (II) the transaction may strengthen the dominant position of Anadolu Efes Biracılık and Malt Sanayi A.Ş as one of the subsidiaries of Anadolu Endüstri Holding A.Ş. (one of the parent companies of Migros) in the market for beer and thus it may lead to substantial lessening of competition. Nevertheless, the notification was filed and entered into the records of the Authority on 21 June 2016 and the Board granted conditional approval to the relevant transaction on 9 February 2017. In 2017, the Board also took the transactions concerning (I) the acquisition of Ulusoy Deniz Taşımacılığı A.Ş, Ulusoy Gemi İşletmeleri A.Ş., Ulusoy Ro-Ro İşletmeleri A.Ş., Ulusoy Ro-Ro Yatırımları A.Ş., Ulusoy Gemi Acenteliği A.Ş., Ulusoy Lojistik Taşımacılık ve Konteyner Hizmetleri A.Ş. and Ulusoy Çeşme Liman İşletmesi A.Ş. (‘Ulusoy Ro-Ro’) by U.N. Ro-Ro İşletmeleri A.Ş. (‘U.N. Ro-Ro’) and (II) the acquisition of Monsanto Company by Bayer Aktiengesellschaft into Phase II review. The transactions are still pending before the Authority.

In addition, The Authority has recently introduced the Communiqué No. 2017/2 Amending Communiqué 2010/4 on Mergers and Acquisitions Requiring the Approval of the Board. One of the amendments introduced to Communiqué No. 2010/4 is that Article 1 of Communiqué No. 2017/2 abolished Article 7(2) of Communiqué No. 2010/4 propounding that “The thresholds (…) are re-determined by the Board biannually”. Through the mentioned amendment, the Board is no longer rested with the duty to re-establish turnover thresholds for concentrations every two years. To that end, there is no specific timeline for the review of the relevant turnover thresholds set forth by Article 7(1) of Communiqué No. 2010/4. It should be also noted that Article 2 of Communiqué No. 2017/2 modified Article 8(5) of Communiqué No. 2010/4. Together with this amendment, the Board would now be in a position to evaluate the transactions realised by the same undertaking concerned in the same relevant product market within three years as a single transaction, as well as two transactions carried out between the same persons or parties within a three year period. Lastly, Article 3 of Communique No. 2017/2 introduced a new paragraph to be included to Article 10 of Communique No. 2010/4. This newly introduced provision by Article 3 of Communique No. 2017/2 is similar to Article 7(2) of European Commission Merger Regulation. At any rate, although there was no similar specific statutory rule in Turkey on this matter, the case law of the Turkish Competition Board were shedding light on this matter.

Turkey is one of the world’s leading producers of agricultural products, textiles, construction materials, consumer electronics, home appliances, motor vehicles, ships and other transportation equipment. Therefore, most concentrations in recent years have occurred in those fields. Apart from the aforementioned operations, Turkey has observed major developments in other sectors such as retail, food, education, health, oil and gas, energy and telecommunications. Acting as the safeguard of the free market economy, the Authority has been inclined to improve the competition law regime in line with these developments through sector inquiries and legislative developments. For instance, in 2017 the Authority published the Block Exemption Communiqué on Vertical Agreements in the Motor Vehicles Sector (Communiqué No. 2017/3) and thereby, set out the conditions for exempting vertical agreements in the motor vehicles sector as a group from the application of the provisions of Article 4 of Law No. 4054.

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Balcıoğlu Selçuk Akman Keki Attorney Partnership (BASEAK) - Competition/Antitrust

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Band 1

第一等

Commentary from the Chambers Europe guide

Basic facts about the department
- Head of department: Şahin Ardıyok
- 1 partner
- 20 other qualified lawyers

What the team is known for Highly regarded competition practice advising a range of Turkish and international clients from sectors such as food and beverages, energy and TMT. Active on merger filings and competition investigations regarding abuse of dominant position, cartels and other anti-competitive practices, as well as compliance and regulatory issues. Boasts strong experience of acting on high-profile competition litigation cases.

Strengths In addition to the team's "highly skilled competition expertise," clients appreciate the firm's business nous and pragmatic approach: "They understand our needs and our point of view, and they can combine their legal knowledge with a great commercial awareness. They are really business-oriented people."

Interviewees also praise the "highly qualified lawyers, who are well known in their practice areas," adding that "the competition law team is very good at what it does, with a high level of sector-specific competition knowledge."

The firm also draws praise for its "customer-oriented" attitude and "flexible approach that allows the team to handle urgent requests."

Work highlights Represented Yemeksepeti before the Turkish Competition Authority in an abuse of dominance investigation concerning exclusivity and pricing practices.

Advised Özmaya on an application to annul the decision of the Turkish competition authority following the conclusion of its cartel investigation into Özmaya and several other yeast manufacturers.

Significant clients Arkema France, Johnson & Johnson, Rabobank, Lesaffre, JTI.

Notable practitioners

Sources describe Şahin Ardıyok as "one of the best competition law advisers in Turkey." He advises local and international corporate clients on investigations, compliance and merger filings, benefiting from previous experience working for the Turkish competition authority. Clients say: "He is very skilled at putting his knowledge of competition law into practice and understanding our company's specific business needs."

Department profile by Balcıoğlu Selçuk Akman Keki Attorney Partnership (BASEAK)

BASEAK Competition and Regulation team advises national and multinational companies operating in various sectors  for determining sector-specific risks and liabilities, providing support planning and monitoring compliance. Our lawyers, academicians and economists experienced in competition rules are competent in representing clients before the Turkish Competition Authority on matters ranging from on the spot inspections to investigations. 

Our team notifies negative clearance/exemption and M&A applications to the Authority and represents in all phases of litigation in relation to Board’s decisions. With a high level of experience in competition rules and public policies, we provide regular advice to companies on compliance of agreements and practices which govern daily commercial activities, support drafting or amendments to various laws and carry out innovative and interactive competition compliance programs tailored to anticipated risks. Teams active involvement in the regulatory matters helps them to easily grasp the competition related needs of its clients in regulated industries. 

Our team is acclaimed for being the only team consisting of lawyers and former board member and practitioners from regulatory institutions, academicians and specialist economists. This allows adoption of a versatile approach in relation to competition matters and helps them to create workable solutions in complex cases and markets.

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ELIG Attorneys at Law - Competition/Antitrust

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Band 1

第一等

Commentary from the Chambers Europe guide

Basic facts about the department
- Head of department: Gönenç Gürkaynak
- 4 partners
- 32 other qualified lawyers

What the team is known for Stellar practice representing clients in antitrust investigations and proceedings before the Turkish Competition Authority. Acts for claimants and defendants on abuse of dominance matters. Highly esteemed for assisting multinational corporations with Turkish merger control law and non-compete agreements. Handles matters in diverse sectors such as healthcare, technology and manufacturing.

Strengths Clients describe the firm as "the best in the class in competition law" because of the lawyers' "knowledge, experience and good reputation," with others adding that the lawyers have "considerable competition law expertise, respond quickly, and their availability and responsiveness is great."

Interviewees also appreciate the firm's practical approach: "They are very pragmatic - they understand how things work in practice and they have a deep understanding of the Turkish legal system."

Work highlights Acted for Coty on the Turkish merger control filing relating to its acquisition of a significant part of Procter & Gamble's cosmetics and fragrance business, valued at USD12.5 billion.

Advised Coca-Cola on an investigation by the competition board into alleged exclusive agreements made by the client with sellers in Turkey.

Significant clients L’Oréal, Mercedes-Benz, Warner Bros., Philip Morris, Turkish Airlines.

Notable practitioners

Gönenç Gürkaynak remains the standout figure for competition law in Turkey. Clients describe him as an "outstanding legal mind" who combines "extensive expertise on antitrust matters" with "the ability to rapidly identify the important points and come up with result-oriented and creative solutions." He regularly advises clients on merger filings and investigations, including assisting Lockheed Martin with the Turkish merger control filing for its USD9 billion acquisition of Sikorsky.

Department profile by ELIG Attorneys at Law

ELIG delivers the top competition practice in Turkey with 45 competition law specialists. ELIG has 4 partners and 1 counsel in the practice, led by Mr Gönenç Gürkaynak, the managing partner.

In addition to unparalleled experience in merger control issues, ELIG has vast experience in defending companies before the Turkish Competition Board in all phases of antitrust investigations, abuse of dominant position cases, leniency handlings and before the courts on issues of private enforcement of competition law, along with appeals of administrative decisions of the Turkish Competition Authority.

ELIG has in-depth knowledge of representing defendants and complainants in complex antitrust investigations concerning all forms of abuse of dominant position allegations, and all forms of restrictive horizontal and/or vertical arrangements, including price-fixing, retail price maintenance, refusal to supply, territorial restrictions and concerted practice allegations.

ELIG also has considerable expertise in administrative law, and is well equipped to represent clients before the High State Court, both on merits of a case and for injunctive relief. ELIG also advises clients on a wide range of business transactions that almost always contain antitrust law issues including distributorship, licensing, franchising and toll manufacturing issues.

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Çakmak-Gökçe Avukatlık Bürosu - Competition/Antitrust

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Band 2

第二等

Commentary from the Chambers Europe guide

Basic facts about the department
- Head of department: Sezin Elçin Cengiz
- 1 partner
- 4 other qualified lawyers

What the team is known for Advises multinational clients from the insurance and pharmaceuticals sectors on the competition law elements of major cross-border M&A, particularly merger control. Offers clients international expertise thanks to a close collaboration with associated firm White & Case. Represents clients in competition board investigations, including cartel investigations. Also provides advice on compliance issues and vertical agreements.

Strengths Clients say: "The firm has a remarkable expertise in various competition law and antitrust issues."

Clients also appreciate the firm's connections with other law firms, saying that "as a firm that does business in different territories, we benefit a lot from their global connections."

Work highlights Represented Anthem in the Turkish competition filing related to its USD54.2 billion acquisition of Cigna.

Advised Pfizer on antitrust filings in Turkey relating to its merger with Allergan, valued at a total of USD160 billion.

Significant clients BNP Paribas Cardif Insurance, LUKOIL, Çukurova Holding, Nestlé Waters Turkey, GAMA Holding.

Notable practitioners

Sezin Elçin Cengiz is the key point of contact for this department.

Department profile by Çakmak-Gökçe Avukatlık Bürosu

Department profile not yet provided by Çakmak-Gökçe Avukatlık Bürosu. Please see their firm profile.

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Esin Attorney Partnership, a Member Firm of Baker McKenzie International, a Swiss Verein - Competition/Antitrust

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Band 2

第二等

Commentary from the Chambers Europe guide

Basic facts about the department
- Head of department: Zümrüt Esin
- 1 partner
- 3 other qualified lawyers

What the team is known for Particularly strong on abuse of dominance matters, advising clients from heavily regulated sectors such as healthcare, tobacco and animal feed. Primarily acts for multinational corporations and their local subsidiaries on merger filings and investigations before the competition board. Also provides ongoing compliance advice to multinationals with branches in Turkey, as well as assisting new entrants to the Turkish market.

Strengths Clients praise the firm's attentive approach: "Our impression of the team was that they were very engaged - we felt like we were treated as the firm's only client." They go on to say: "This matter was one of the biggest and most complicated legal issues we have had to deal with in terms of competition law, so we decided to hand the matter over to experts we could wholeheartedly trust."

The firm also draws praise for its "very good reputation in the market as a truly global, full-service law firm for all-round high-quality services."

Impressed interviewees state that "the team members are extremely responsive and commercially sensitive."

Work highlights Advised FedEx on the Turkish competition filing relating to its multi-jurisdictional EUR4.4 billion acquisition of TNT Express.

Assisted British American Tobacco Turkey with all competition matters, including distribution agreements and compliance advice.

Significant clients Goldman Sachs, Cargill, SALIC, EXOR, Gonvarri Steel Services.

Notable practitioners

The key contact for this practice is Zümrüt Esin.

Department profile by Esin Attorney Partnership, a Member Firm of Baker McKenzie International, a Swiss Verein

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Hergüner Bilgen Özeke Attorney Partnership - Competition/Antitrust

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Band 3

第三等

Commentary from the Chambers Europe guide

Basic facts about the department
- Heads of department: Ümit Hergüner and Kayra Üçer
- 9 partners
- 40 other qualified lawyers

What the team is known for Provides local and international clients from the media, technology and food production sectors with a broad range of competition services. Often assists with pre- and post-acquisition matters relating to the Turkish competition law aspects of multi-jurisdictional M&A transactions. Also well placed to advise clients on contentious competition matters. Represents clients in distribution agreements and compliance issues.

Work highlights Advised beIN Sports on all competition matters relating to its USD1.2 billion acquisition of Digiturk.

Advised NRG Energy on the merger notification and filing in Turkey relating to its USD2.6 billion acquisition of Edison Mission Energy.

Significant clients ArcelorMittal, NH Foods, UPS, Sony, Hitachi.

Notable practitioners

Kayra Üçer is the key contact for competition matters.

Department profile by Hergüner Bilgen Özeke Attorney Partnership

Department profile not yet provided by Hergüner Bilgen Özeke Attorney Partnership. Please see their firm profile.

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Paksoy - Competition/Antitrust

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Band 3

第三等

Commentary from the Chambers Europe guide

Basic facts about the department
- Heads of department: Togan Turan
- 1 partner
- 6 other qualified lawyers

What the team is known for New entry to the rankings this year following positive feedback for their competition practice. Assists international clients from the insurance sector with merger filings and offers antitrust advice relating to the Turkish elements of international transactions. Provides ongoing compliance advice and advises on distribution agreements. Also well placed to represent clients in cartel and abuse of dominance investigations by the competition board.

Strengths One client describes the team as "very competent, helpful and responsive," while another praises its "relationship management, knowledge and experience in this area."

Work highlights Represented transport company Kuehne + Nagel in an investigation by the competition board into a cartel of cargo block-train operators.

Acted for Diebold on the Turkish merger filing relating to the client's USD1.8 billion acquisition of Wincor Nixdorf.

Significant clients Dow Chemical, Zurich, CJ CGV, Novo Nordisk, Reckitt Benckiser.

Notable practitioners

Togan Turan enters the rankings this year following praise from clients, who describe him as "experienced and knowledgeable" and "very responsive." His expertise covers M&A-related competition advice, regulatory matters, cartel investigations and abuse of dominance claims. Turan advised Nissan on the merger filing following Nissan's acquisition of shares in Nissan Otomotiv from Sumitomo.

Department profile by Paksoy

Department profile not yet provided by Paksoy. Please see their firm profile.

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Pekin & Pekin - Competition/Antitrust

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Band 3

第三等

Commentary from the Chambers Europe guide

Basic facts about the department
- Head of department: Kemal Serdengeçti
- 3 partners
- 2 other qualified lawyers

What the team is known for Enters the rankings this year in recognition of positive reviews from clients for its competition practice. Regularly assists international clients with obtaining clearance for the Turkish elements of multi-jurisdictional acquisitions. Also advises clients from the energy, manufacturing and telecommunications sectors on cartel, state aid and antitrust proceedings. Represents clients in pre-investigation proceedings.

Strengths Interviewees praise the "really quick and very helpful" team who "responded in a matter of hours when we had questions."

Clients say that "we would recommend the team for competition and antitrust matters," while another client highlights that "the lawyers delivered their work on time."

Significant clients Booking.com.

Notable practitioners

Kemal Serdengeçti is the key point of contact at the firm.

Department profile by Pekin & Pekin

Department profile not yet provided by Pekin & Pekin. Please see their firm profile.

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Selçuk Attorneys at Law - Competition/Antitrust

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Band 3

第三等

Commentary from the Chambers Europe guide

Basic facts about the department
- Heads of department: İlmutluhan Selçuk and Şahin Yavuz
- 2 partners
- 1 other qualified lawyer

What the team is known for Competition boutique which draws praise for its notable experience advising high-profile clients on Competition Authority investigations. Often assists international clients with the Turkish competition law elements of multi-jurisdictional mergers. Well placed to assist with complex domestic competition law issues, as well as EU law and US antitrust matters. Advises clients from the telecoms, life sciences and TMT sectors on compliance issues.

Strengths Clients praise the "experienced team" who "not only advise on specific matters, but also provide detailed legal advice from a broad perspective."

Clients appreciate that "the lawyers are available for last-minute calls."

Work highlights Advised Sanofi on the notification before the Turkish Competition Authority of its acquisition of Boehringer Ingelheim.

Represented TurkNet as a complainant in proceedings by the Turkish Competition Authority against Türk Telekom.

Significant clients BP, PepsiCo, Frito-Lay, Hoffmann-La Roche, International Paper.

Notable practitioners

Interviewees describe İlmutluhan Selçuk as a "high-quality competition lawyer" who "always delivers in a perfect manner." He benefits from previous experience working for the Turkish Competition Authority, and advises a number of clients from the telecoms and pharmaceutical sectors on competition filings and investigations. He acted for SinemaTV as complainant on an abuse of dominance matter.

Department profile by Selçuk Attorneys at Law

Department profile not yet provided by Selçuk Attorneys at Law. Please see their firm profile.

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Overview

TURKEY: An Introduction to Turkey Contributed by ELIG Attorneys at Law

The relevant legislation establishing competition law principles in Turkey is Law No. 4054 on Protection of Competition of 13 December 1994 ('Law No. 4054’). This legislation is reinforced by various regulations, communiqués and guidelines, which are adopted in parallel to secondary legislation of EU competition law. The national competition agency enforcing competition law rules is the Turkish Competition Authority (the 'Authority'), a legal entity with administrative and financial autonomy.

Although the Turkish Competition Board’s ('Board') recent enforcement activity does not contain many cases in which companies were fined due to restrictive agreements or concerted practices (Article 4 of Law No. 4054), the Board concluded that six cement companies operating in the Aegean region of Turkey violated Article 4 of the Competition Law by sharing sales territories and increasing resale prices in collusion in the Aegean region (14 January 2016, 16-02/44-14). The decision is pertinent in that the Board classified the case as ‘cartel’ and defined cartels in a manner that encapsulates both agreements and concerted practices. The Board fined the cement producers by a total of approximately TL 71 million (approximately EUR 17.3 million). The fines ranged between 3% and 4.5% of each company’s 2014 annual turnover. These fines were relatively high in the Turkish jurisdiction in terms of turnover percentage.

In 2017 the Board rendered significant decisions regarding abuse of dominance (Article 6 of Law No. 4054). One of these cases concerned the Turkish Pharmacists’ Association (Türk Eczacılar Birliği, “TEB”) and Turkish Pharmacists’ Association Commercial Enterprise (Türk Eczacıları Birliği Iktisadi Işletmesi, “TEBII”) (6 December 2016; 16-42/699-313). The Board initiated an investigation against TEB and TEBII in order to determine whether TEB and TEBII abused their dominant position in the market for “supply of pharmaceuticals from abroad” through their exclusivity practices and other actions, and thus violated Article 6 of Law No. 4054. The Board decided that TEB’s actions were leading to market foreclosure and, thus, TEBII carried out abusive conducts for hindering its competitors’ activities and violated Article 6 of Law No. 4054 through its exclusivity agreements with the companies that procure pharmaceuticals from abroad. In this regard, the Board decided to impose an administrative monetary fine on TEBII, amounting to 1.5% of TEBII’s turnover generated in 2015 financial year which corresponds to TL 18,062,307.32. The Board also decided to appoint the Presidency of the Competition Authority to send an opinion to Turkish Ministry of Health and Social Security Institution to promote the competition in terms of market for the supply of pharmaceuticals from abroad.

In 2017, the Board conditionally approved the transaction concerned the acquisition of sole control by Migros Ticaret A.Ş. (‘Migros’) over Tesco Kipa Kitle Pazarlama Ticaret Lojistik ve Gıda San. A.Ş (‘Tesco Kipa’) which is controlled by Tesco Overseas Investments Limited (‘Tesco’) (9 February 2017, 17-06/56-22). As a result of its assessments, the Board has decided that (I) the transaction may create dominant position or strengthen an existing dominant position and thus it may lead substantial lessening of competition in a certain number of districts in which horizontal concentration is occurred and (II) the transaction may strengthen the dominant position of Anadolu Efes Biracılık and Malt Sanayi A.Ş as one of the subsidiaries of Anadolu Endüstri Holding A.Ş. (one of the parent companies of Migros) in the market for beer and thus it may lead to substantial lessening of competition. Nevertheless, the notification was filed and entered into the records of the Authority on 21 June 2016 and the Board granted conditional approval to the relevant transaction on 9 February 2017. In 2017, the Board also took the transactions concerning (I) the acquisition of Ulusoy Deniz Taşımacılığı A.Ş, Ulusoy Gemi İşletmeleri A.Ş., Ulusoy Ro-Ro İşletmeleri A.Ş., Ulusoy Ro-Ro Yatırımları A.Ş., Ulusoy Gemi Acenteliği A.Ş., Ulusoy Lojistik Taşımacılık ve Konteyner Hizmetleri A.Ş. and Ulusoy Çeşme Liman İşletmesi A.Ş. (‘Ulusoy Ro-Ro’) by U.N. Ro-Ro İşletmeleri A.Ş. (‘U.N. Ro-Ro’) and (II) the acquisition of Monsanto Company by Bayer Aktiengesellschaft into Phase II review. The transactions are still pending before the Authority.

In addition, The Authority has recently introduced the Communiqué No. 2017/2 Amending Communiqué 2010/4 on Mergers and Acquisitions Requiring the Approval of the Board. One of the amendments introduced to Communiqué No. 2010/4 is that Article 1 of Communiqué No. 2017/2 abolished Article 7(2) of Communiqué No. 2010/4 propounding that “The thresholds (…) are re-determined by the Board biannually”. Through the mentioned amendment, the Board is no longer rested with the duty to re-establish turnover thresholds for concentrations every two years. To that end, there is no specific timeline for the review of the relevant turnover thresholds set forth by Article 7(1) of Communiqué No. 2010/4. It should be also noted that Article 2 of Communiqué No. 2017/2 modified Article 8(5) of Communiqué No. 2010/4. Together with this amendment, the Board would now be in a position to evaluate the transactions realised by the same undertaking concerned in the same relevant product market within three years as a single transaction, as well as two transactions carried out between the same persons or parties within a three year period. Lastly, Article 3 of Communique No. 2017/2 introduced a new paragraph to be included to Article 10 of Communique No. 2010/4. This newly introduced provision by Article 3 of Communique No. 2017/2 is similar to Article 7(2) of European Commission Merger Regulation. At any rate, although there was no similar specific statutory rule in Turkey on this matter, the case law of the Turkish Competition Board were shedding light on this matter.

Turkey is one of the world’s leading producers of agricultural products, textiles, construction materials, consumer electronics, home appliances, motor vehicles, ships and other transportation equipment. Therefore, most concentrations in recent years have occurred in those fields. Apart from the aforementioned operations, Turkey has observed major developments in other sectors such as retail, food, education, health, oil and gas, energy and telecommunications. Acting as the safeguard of the free market economy, the Authority has been inclined to improve the competition law regime in line with these developments through sector inquiries and legislative developments. For instance, in 2017 the Authority published the Block Exemption Communiqué on Vertical Agreements in the Motor Vehicles Sector (Communiqué No. 2017/3) and thereby, set out the conditions for exempting vertical agreements in the motor vehicles sector as a group from the application of the provisions of Article 4 of Law No. 4054.

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Star Individuals

Gönenç Gürkaynak

ELIG Attorneys at Law

From the Chambers Europe guide

Gönenç Gürkaynak remains the standout figure for competition law in Turkey. Clients describe him as an "outstanding legal mind" who combines "extensive expertise on antitrust matters" with "the ability to rapidly identify the important points and come up with result-oriented and creative solutions." He regularly advises clients on merger filings and investigations, including assisting Lockheed Martin with the Turkish merger control filing for its USD9 billion acquisition of Sikorsky.

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Band 1

Balcıoğlu Selçuk Akman Keki Attorney Partnership (BASEAK)

From the Chambers Europe guide

Sources describe Şahin Ardıyok as "one of the best competition law advisers in Turkey." He advises local and international corporate clients on investigations, compliance and merger filings, benefiting from previous experience working for the Turkish competition authority. Clients say: "He is very skilled at putting his knowledge of competition law into practice and understanding our company's specific business needs."

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Band 1

Zeynep Ergun Sibel Atik Attorney Partnership

From the Chambers Europe guide

"Very experienced lawyer" Zeynep Ergün recently founded Zeynep Ergun Sibel Atik Attorney Partnership. She is respected for her long-standing knowledge of merger control and competition investigations. One source notes: "She started to specialise in antitrust law early and on a personal level she's charming and friendly."

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Band 2

Aslan Hukuk Bürosu

From the Chambers Europe guide

Sources describe Yılmaz Aslan of Aslan Hukuk Bürosu as a "leading figure" in the Turkish competition market. His experience as an academic and practitioner means he is well placed to assist Turkish clients with complex antitrust matters.

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Band 2

İlmutluhan Selçuk

Selçuk Attorneys at Law

From the Chambers Europe guide

Interviewees describe İlmutluhan Selçuk as a "high-quality competition lawyer" who "always delivers in a perfect manner." He benefits from previous experience working for the Turkish Competition Authority, and advises a number of clients from the telecoms and pharmaceutical sectors on competition filings and investigations. He acted for SinemaTV as complainant on an abuse of dominance matter.

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Band 2

Paksoy

From the Chambers Europe guide

Togan Turan enters the rankings this year following praise from clients, who describe him as "experienced and knowledgeable" and "very responsive." His expertise covers M&A-related competition advice, regulatory matters, cartel investigations and abuse of dominance claims. Turan advised Nissan on the merger filing following Nissan's acquisition of shares in Nissan Otomotiv from Sumitomo.

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