1. TURKISH COMPETITION LAW ENFORCEMENT:
Institutional Structure, Case Procedures and Judicial Review
Eurasian Antitrust Forum
Almaty, 27 February 2018
Ebru İNCE
Competition Expert
Turkish Competition Authority (TCA)

2. general ınformatıon about turkısh competıtıon act and tca
OUTLINE
general ınformatıon about turkısh competıtıon act and tca I
case handlıng procedures II
judıcıal revıew of tca’s decısıons
III

3. general ınformatıon about turkısh competıtıon act and tca
OUTLINE
general ınformatıon about turkısh competıtıon act and tca I
Case handlıng procedures II
Judıcıal revıew of tca’s decısıons
III

4. The Act no.4054: The Act on the Protection of Competition
TURKISH COMPETITION ACT
Article 4: Anticompetitive agreements and concerted practices
The Act no.4054: The Act on the Protection of Competition
Main Articles:
Article 4
Article 6
Article 7
Article 6: Abuse of dominance
Adopted in 1994
Took effect in 1997
Article 7: Anticompetitive concentrations

5. Independent administrative body
TURKISH COMPETITION AUTHORITY (TCA)
Established in 1997
Independent administrative body
Decision-body: Competition Board
(appointment by Council of Ministers)
Quasi-judicial proceedings

6. general ınformatıon about turkısh competıtıon act and tca
OUTLINE
general ınformatıon about turkısh competıtıon act and tca I II
Case handlıng procedures
Antıcompetıtıve agreements/Conduct (art. no. 4&6)
Merger Control (art. no. 7)
Judıcıal revıew of tca’s decısıons
III

7. Articles 8-15: Powers of the Board
PROCEDURAL FRAMEWORK FOR COMPETITION CASES
Solid Framework:
Detailed governing rules in the Competition Act (Articles through no 8-17 & 40-55)
Several secondary regulations and notices also reinforce
Articles 8-15: Powers of the Board
Articles 16-17: Administrative Fines
Articles : Procedure in Examinations and Inquiries of the Board

8. PROCEDURE IN ANTICOMPETITIVE AGREEMENT/CONDUCT CASES
(artıcles 4&6 cases)
Preliminary Investigation
Articles 40-42
30 days
Article 44
Article 14: Information Request
Article 15: On-the-spot inspections (dawn-raids)
Investigation
Articles 43-48
6 months +≤6 months
Article 44
Article 14: Information Request
Article 15: On-the-spot inspections
Initiation of an Inquiry
Article 40
upon application (by consumers, gov’t bodies, undertakings, informants)
Ex-officio

9. INITIATION OF AN INQUIRY
If the Board does not deem it serious
Explicit Rejection
APPLICATION
If the Board does not respond within 60 days
Implicit Rejection
If the Board deems it serious or ex-officio
Opens a preliminary investigation or an investigation

10. PRELIMINARY INVESTIGATION PHASE
Open Investigation
Investigation Phase
PRELIMINARY INVESTIGATION PHASE
Not to open an investigation
Art. 9/3 decision
Advocacy
Judicial review
Board decision to open preliminary investigation
Appointment of rapporteurs/case handlers
(competition experts and assist. experts)
30 DAYS
Art. 14: Information Request
Art. 15: On-the spot Inspection
10 DAYS
Board decision
Rapporteurs present the preliminary investigation report to Board

11. INVESTIGATION PHASE Judicial review FINAL DECISION 10 to 20 months
Hearing
(30 to 60 days after 3rd defence)
30 days
(+30≥)
1st written defence
Additional views of rapporteurs
15 days
Start of the investigation
Notification of report
30 days
(+30≥)
2nd written defence
15 days
30 days if no Hearing
FINAL DECISION
Notification of investigation decision
15 days
Judicial review
Investigation report
6 months
(+6 months≥)
30 days
(+30≥)
3rd written defence
10 to 20 months

12. PROCEDURE IN MERGER CONTROL (artıcle 7 cases)
Mergers, acqusitions and joint ventures
leading to change in «control» &
exceeding certain turnover thresholds
require the authorization of the Competition Board in order to become legally valid, therefore should be notified to TCA.
Preliminary Examination
Examination by case handlers in 15 days+
Board decision in 15 days
Final Examination
Same procedure as Investigation.

13. general ınformatıon about turkısh competıtıon act and tca
OUTLINE
general ınformatıon about turkısh competıtıon act and tca I
Case handlıng procedures II
Judıcıal revıew of tca’s decısıons
III

14. Appeal courts: District Administrative Courts
JUDICIAL REVIEW OF TCA’S DECISIONS (I)
Article 55: «Suits shall be filed against administrative sanctions before the competent administrative courts. All types of suits filed against Board decisions shall be deemed a priority matter… Appealing against decisions of the Board shall not cease the implementation of the decisions, and follow up and collection of administrative fines”.
Administrative sanctions refer to final decisions, measure decisions and administrative fine decisions of the Board
Appeal courts: District Administrative Courts
Competent administrative courts refer to First Instance Courts in Ankara
Last Resort: Court of State

15. The party can appeal the decision and the judgement
JUDICIAL REVIEW OF TCA’S DECISIONS (II)
Article 55: «…Appealing against decisions of the Board shall not cease the implementation of the decisions, and follow up and collection of administrative fines»”.
Court of State
(Last Instance Court)
Notification (publication of reasoned decision)
The party can appeal the decision and the judgement
Rejects
First Instance Court
District Administrative Court
Board Decision
60 days
Accepts
Board has to take necessary action in 30 days but can appeal the judgment
By persons whose interests are breached

16. JUDICIAL REVIEW STATISTICS
# of BOARD’s FINAL DECISIONS in years
Year
Anticompetitive Agreements/Conduct
Merger
2017
112
184
2016
116
209
2015
124
158
# of DECISIONS REVIEWED BY COURTS in years
Year
# of cases reviewed by Courts
#of annulments
Annulment grounds:
2017
115 9
«unlawful not to launch investigation when sector regulator was present»
«relevant product market was misidentified»
«examinations were incomplete»
2016 90 10
2015
143 24

17. THANK YOU