TLDR:
The Turkish Competition Authority (Rekabet Kurumu) is Türkiye’s competition law enforcement authority, established in 1997 under Law No. 4054 on the Protection of Competition. The Rekabet Kurulu (the decision-making board of the authority) reviews merger and acquisition transactions, investigates anti-competitive agreements and abuse of dominance, and increasingly addresses digital markets and emerging industries.
Merger Control
The Rekabet Kurulu reviews merger and acquisition transactions exceeding specified thresholds under Communiqué 2010/4: when the combined Turkish turnover of the parties exceeds TL 750 million AND at least two of the parties have Turkish turnover exceeding TL 250 million each (thresholds periodically updated). Notification is mandatory and pre-closing—closing without approval is a violation. Review periods: Phase I (30 days, may be extended), Phase II (6 months from Phase II initiation). Penalties for “gun-jumping” (closing without approval) are administrative fines based on turnover. Recent enforcement has been active, including blocked deals, conditional approvals with divestitures, and significant fines for unnotified transactions.
Anti-Competitive Practice Enforcement
Article 4 of the Competition Law prohibits anti-competitive agreements (analogous to EU TFEU Article 101), Article 6 prohibits abuse of dominance (analogous to TFEU 102), Article 7 governs merger control. Recent enforcement priorities include digital platforms (significant decisions against Trendyol, Hepsiburada, Yemeksepeti for various anti-competitive practices), pharma and healthcare, telecommunications, and aviation. Fines can reach 10% of Turkish turnover. The authority has a leniency program providing immunity or reduced fines for first applicants reporting cartels.
Digital Markets and Modern Issues
The Rekabet Kurulu has been particularly active in digital markets enforcement. Major cases address: marketplace anti-competitive practices (favorable treatment of own products, restrictions on sellers), advertising and ad-tech competition, vertical restraints in e-commerce, data-driven mergers and acquisitions, and platform dominance. The authority published a “Digital Market Sectoral Inquiry” report (2022-2023) examining e-commerce platforms in depth. Türkiye is considering Digital Markets Act-style ex-ante regulation similar to EU. For investment law practitioners, Rekabet Kurulu clearance is a routine but important workstream in M&A transactions, requiring careful coordination with international filings.