Two-minute Recap of Recent Developments in Turkish Competition Law - December 2023

Workshop on the Online Advertising Sector Inquiry was held on December

On 20 December 2023, the Turkish Competition Authority (“TCA”) held the “Workshop for the Preliminary Review of the Online Advertising Sector”, which was initiated in April. The workshop focused on behavioural and structural competition problems in the advertising sector and aimed to provide a platform for discussion prior to the conclusion of the sector report.

TCA Examines the Red Meat Sector

In December, the TCA announced the launch of a sector inquiry into the red meat sector. The aim of the TCA’s inquiry is to analyse the market dynamics and structural problems within the sector and propose solutions to improve competition in the market.

Tofaş's Acquisition of Stellantis is Under Phase II

Review On 7 December 2023, the TCA announced that the application for the acquisition of sole control over Stellantis by Tofaş Türk is now under Phase II review.

Stellantis is the owner of Abarth, Alfa Romeo, Chrysler, Citroen, Dodge, DS, Fiat, Jeep, Lancia, Maserati, Opel, Peugeot, Ram, Vauxhall, Free2move, Leasys. Tofaş Türk distributes Fiat, Fiat Professional, Alfa Romeo, Jeep, Maserati and Ferrari in Turkey.

First WhatsApp, Now Instagram: Meta Platforms under Scrutiny

On 12 December 2023, the TCA announced that it had initiated a full-fledged investigation into Meta Platforms Inc. to determine whether it had abused its dominant position by tying its Instagram platform to its new application, Threads.

An Overhaul to Leniency Regulation in Turkey

On 16 December 2023, the new "Regulation on Active Cooperation for Detection Cartels" issued by the Turkish Competition Board (“Board”) was published in the Official Gazette and entered into force. The regulation contains provisions for exempting undertakings, managers, and employees who cooperate with the TCA in detecting cartels from administrative fines or for reducing administrative fines.

The new regulation introduces the requirement to submit documents that would provide added value for leniency applications, as opposed to the previous regulation, which did not include such a requirement.

RPM Remains Trendy

On 22 December 2023, the TCA announced that it had fined Uğur Soğutma Makinaları, a producer of refrigeration and freezing products, approximately EUR 2 million in relation to its resale price maintenance (“RPM”) practices. No fines were imposed related to allegations of internet sales restrictions.

Storytel Offers Commitments – No More Exclusivity

On 14 December 2023, the Board announced that its full-fledged investigation against Storytel, an audiobook company had been concluded following the commitments offered.

The full-fledged investigation against Storytel was initially launched to determine whether Storytel restricted competition by preventing competitors from entering and growing in the market for online audiobook streaming services through long-term exclusivity agreements.

With the binding commitments, Storytel’s Audiobook Narration Licencing Contracts will no longer grant it exclusive rights to produce audio book version of certain titles or any exclusive rights. Furthermore, Storytel will no longer be able to insert exclusivity clauses into its agreements with narrators.

Full-fledged Investigation into Construction Chemicals – Allegations Covering Almost All Violations

On 19 December 2023, the TCA announced the launch of a full-fledged investigation into 17 undertakings active in the construction chemicals sectors. The allegations are vast and cover price fixing, anti-competitive information exchange, no-poaching and wage fixing, resale price maintenance and internet sales/customer and/or territorial restrictions.