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

Trendyol Commits to Close Investigation

An investigation initiated by the Competition Board (“Board”) on October 19, 2023 has been closed subsequent to commitments made by leading Alibaba-owned Turkish e-commerce platform Trendyol. The investigation sought to determine whether the company’s automatic pricing mechanism violated Article 4 of the Turkish Competition Law. The announcement was made on the Competition Authority’s (“TCA”) website on November 28, 2024.

Trendyol has committed to the following:

»  Not to make use of the automatic pricing mechanism mandatory for sellers (and not to incentivize its use).

»  Not to target specific sellers when setting rules under the mechanism.

»  Removal of the “Match Buybox Price” option from the mechanism and providing sellers with only the “Stay Below Buybox Price” and “Stay Above Buybox Price” options (ensuring these options do not lead to the same result as the “Match Buybox Price” option).

»  Inform sellers regarding features of the mechanism and not to share data regarding how other sellers use it.

»  Creation of training content regarding the mechanism’s operation and provision of competition law training.

»  Reporting to the Authority for a period of three years.

Mastercard and Visa Face Competition Probe

An investigation has been initiated into Mastercard and Visa according to a TCA press release issued on November 21, 2024. The investigation arises from claims that the companies, which dominate the Turkish banking/credit card market, have engaged anti- competitively in the areas of card schemes and digital wallet services.

The investigation will assess whether the companies have created exclusivity risks in the card schemes market through discount and incentive systems developed separately and/ or cumulatively and thus potentially closed the market to competitors.

It will also focus on whether Mastercard abused its dominant position in the digital wallet market through anti-competitive practices (particularly predatory pricing and/or other activities that harm competitors).

The TCA will also evaluate the potential anti-competitive effects of Visa’s practice of preventing merchant customers from purchasing services from competing digital wallet market players.

Fuelling the Deal: TP Petrol Acquisition Approved

The TCA has approved acquisition of sole control of TP Petrol, a prominent Turkish fuel distributor, by Zeren Group through fellow Turkish market player Altınbaş Petrol. According to the November 19, 2024 announcement,

the Authority has thoroughly examined the transaction’s impacts on various sectors such as automotive and industrial lubricants, and on all cycles of the fuel sector including supply, distribution, storage and sales. Approval was granted in its decision dated November 7, 2024 and numbered 24-25/1063-453.

Viking Kağıt Fined for Price Fixing

The TCA concluded its investigation into Viking Kağıt, a leading Turkish producer of tissue paper, for determining resale prices in violation of Article 4 of the Law No. 4054. The investigation, which began on April 18, 2024, was closed on November 7, 2024 after Viking acknowledged its violation of Article 4 and was made subject to an

administrative fine, subject to a 15% discount under the settlement, of TL 9 million (approx. EUR 246 thousand). The company operates under well-known brands such as Lily, Terra and Select.

TCA Investigates Hybrid Seed Market

On November 29, 2024 the TCA announced that the Board has opened an investigation into the hybrid vegetable, fruit and industrial gherkin seed markets. The applicable companies, which include a Bayer subsidiary, are active in seed production, breeding, import, and export and the investigation will focus on issues such as price-fixing and the exchange of sensitive information.