Communiqué No. 2010/4 on Mergers and Acquisitions Requiring the Approval of Competition Board (“Communiqué No. 2010/4”), which regulates the grounds for notifying the Competition Board for legal validity of mergers and acquisitions, based on Article 7 of Law No. 4054 on the Protection of Competition has been amended by the Communiqué No. 2017/2 which has come into force on 24.02.2017.
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Competition litigation did not become prevalent until the recent years, despite the fact that the Law numbered 4054 on Protection of Competition (“Turkish Competition Law”) has been effective since 1997. Until very recently, the main focus of the competition law practice was establishing competition culture in industries rather than ensuring that the customers/consumers are provided with compensation claims. Therefore, competition litigation has not been directly encouraged by Turkish Competition Authority. However, especially after the milestone investigations of the Turkish Competition Board regarding the leading industries, the undertakings subject to the fines encounter damage claims from the ones who suffer from the anti-competitive conduct.
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Turkish Competition Authority has published draft Block Exemption Communiqué and the Guidelines in Motor Vehicle Sector on 02.03.2016.
The problems encountered during the application of the Block Exemption Communiqué on Vertical Agreements and Concerted Practices in the Motor Vehicle Sector No. 2005/4 (“Communiqué No. 2005/4”) brought about the necessity of the examination of the effects in the market and a sector inquiry was conducted by the Turkish Competition Authority. The findings of the sector inquiry revealed that the distribution market of motor vehicles is considerably competitive and the market has become more competitive during the validity period of Communiqué No. 2005/4. On the other hand, it is determined that the anti-competitive concerns in the after-sales market continue due to high profit margins and concentration level in such market. This basic findings has been used as a guide for the Draft Communiqué.