Two-minute Recap of Turkish Competition Law Developments - June 2024

4 - Investigation Launched

19 - Merger Clearances

Cases Closed: (i) Fines imposed

0 – Settlement

2 - Regular procedure

0 - (ii) Commitment

Canon fined for resale price maintenance

Canon, the Japanese optical and imaging company known for its iconic cameras, was fined approximately EUR 1 million for interfering with prices charged by its resellers.

No additional information is provided in the press release which can be viewed in English here.

Apple facing investigation in Turkey due to App Store policies

On 6 June, the Turkish Competition Authority announced it has initiated an investigation into Apple’s App Store policies.

According to the authority, said policies had already raised questions during its ongoing Mobile Ecosystems Sector Inquiry.

In the press release, the authority announced that it will examine whether: (i) restricting the freedom of app developers to provide in-app information to their users on external payment channels; and (ii) whether the mandatory 30% in-app commission restricts competition.

Despite legislation allowing for treble damages, Turkish competition litigation remains relatively inactive. Potential claims against Apple require Turkish Competition Authority to decide that Apple violated competition law and, that decision to become final. If a filing is made before the authority’s decision, or before the decision is final (i.e., before all appeal routes against the decision are exhausted), the courts stay the proceedings. Should Apple appeal a potential violation decision, potential claimants could wait for up to five years to bring their claims.

English press release can be viewed here.

Google complies, daily fine lifted

After Google’s failure to implement remedies for “local search services” with respect to hotel inquires, the Turkish Competition Authority imposed a daily fine which began on 15 April 2024.

In a recent press release, the Turkish Competition Authority announced that Google complied with its obligation on 21 May 2024, and it had therefore cancelled the daily fine (which amounted to just over EUR 12 million).

The English press release can be viewed here.

As Tetra Pak oral hearing approaches: is it the 90’s again?

Swedish food packaging company Tetra Pak has been under investigation for alleged tying practices.

The announcement marks the end of the investigation phase. After the oral hearing the Turkish Competition Board will announce its decision. The oral hearing will be held on 23 July 2024 at 10:30.

English press release can be viewed here.

Roche under investigation after administrative court decision

An investigation has been initiated against Roche after the 8th Ankara Regional Administrative Court quashed a Turkish Competition Authority decision, in which the authority did not find any violation. The relevant press release did not provide any information on why the previous decision was overturned.

The Authority’s exculpatory decision can be summarised as follows:

— Roche’s alleged price setting of medicines contrary to applicable legislation was outside the scope of competition law.

— Bidding specification, allegedly not written up to facilitate competition was outside the scope of competition law.

— Entering bids with one pharmacy warehouse was not restrictive of competition law, currently exempted for Roche, and a regular practice in the sector.

— Alleged bid rigging entailed no violation of competition law.

Dominant Player Şişecam under investigation

In a recent press release, the Turkish Competition Authority initiated an investigation into Şişecam (active in the glass recycling sector) and its subsidiary Çevre Sistemleri. It is understood that the authority conducted an inspection at company premises to see if the company is compliant with its commitments offered in 2021 and, due to evidence unrelated to said commitments, an investigation is launched.

According to the press release, the investigation arose from alleged price fixing, market sharing and exchange of anti-competitive information with a competitor.

The English press release can be viewed here.

Sweet July: Numerous oral hearings to take place