Competition Law

Competition issues are of increasing importance in today's global markets, and accordingly in Turkey especially since the establishment of the Turkish Competition Authority in 1997. The Turkish Competition Authority is investigating the conduct of allegedly dominant undertakings and scrutinizing collaborations among competitors and vertical agreements between two or more undertakings operating at different levels of the production or distribution chain that may restrict competition. Fines imposed by the Turkish Competition Authorityhave reached levels that can threaten the survival of the company affected and undertakings subject to the fines can encounter damage claims from those who suffer from the anti-competitive conducts. Therefore, the avoidance of competition law infringements is a matter of critical importance for undertakings. Misjudgements can result in considerable fines, compensation claims, and invalidity of contracts.

Moreover, corporate acquisitions, mergers, and the foundation of joint ventures may also require the involvement of competition law experts to identify the risks of a contemplated transaction and possible solutions and prepare any necessary filings to be submitted before the Turkish Competition Authority.

 

Our Services

• Representing clients in merger control proceedings before the Turkish Competition Authority and coordinating merger control filings in other jurisdictions through our global network of leading law firms.

• Identification of potential merger control risks in advance / development of tailor-made strategies
• Analysis of merger control filing requirements worldwide
• Preparing the required merger filing and representation of the parties before the Turkish Competition Authority
• Advice to opponents or interested parties in merger control proceedings
• Draft ingremedies together with the business teams to address the competition law concerns

• Representing clients in preliminary inquiries and investigations carried out by the Turkish Competition Authority, including in cases relating to anti-competitive agreements and concerted practices between undertakings and decisions and practices of associations of undertakings and the abuse of a dominant position, preparing leniency applications.

• Supporting clients during the dawn raids of theTurkish Competition Authority
• Development of tailor-made defence strategies
• Preparing and filing any necessary leniency applications with the possibility of being granted immunity from fines or a reduction of the fines
• Representation of companies and/or members of the senior management before the Turkish Competition Authority
• Preparing and accompanying complaints against those who are restricting competition by way of abusing dominant position or anti-competitive agreements.

• Applying for individual exemption/negative clearance

• Applying for negative clearance certificates evidencing that an agreement, decision, practice or merger/acquisition does not violate the competition regulations
• Applying for individual exemptions in order to ensure that an agreement, decision, practice is exempted from the implementation of the prohibition of the Turkish Competition Law

• Providing advice to clients on horizontal agreements with competitors and vertical agreements with suppliers or distributors.

• Reviewing, preparing and restructuring of all type of commercial agreements in accordance with competition law (including but not limited to distribution and supply agreements, licensing agreements, R&D agreements, toll manufacturing agreements, agency agreements)
• Structuring co-operations between companies and advising on joint ventures

• Counselling on the introduction, implementation or improvement of internal compliance processes and compliance programs aiming to prevent completion law infringements

• Analysis and assessment of potential competition risks
• Performance of comprehensive competition law audits and mock dawn raids including document review, interviews with employees, reporting of findings and recommendations for the improvement of the compliance structure
• Training of management and employees via seminars and workshops in order to strengthen their awareness of competition law issues
• Preparation of compliance documentation
• Accompanying companies in sensitive meetings and discussions between competitors in order to avoid competition infringements

• Representing clients before the administrative courts and the Council of State against decisions of the Competition Board mainly rendered upon an investigation.

• Defending clients against compensation claims and assertion of claims for damages before civil courts.