Turkey (February 7, 2005)

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Score = 21

Governed by: The Act on the Protection of Competition (Act no. 4054) of 13 December 1994, last amended 7 February 2005 (hereinafter referred to as “Competition Act”). [1]

Category Subcategory Score Comment
Scope Extraterritoriality 1 Article 2 says that the Act applies to anything affecting markets in Turkey.
Remedies Fines 1 Article 16 gives guidelines for the imposition of fines.
Prison Sentences 0
Divestitures 0
Private Enforcement 3rd Party Initiation 1 Article 40 says that 3rd parties can file an application with the Commission for them to consider an investigation.
Remedies Available to 3rd Parties 1 Article 57 says that anybody who distorts competition contrary to the Act is liable to compensate those who he injured and Article 58 outlines how injured parties can be compensated.
3rd Party Rights in Proceedings 0
Merger Notification Voluntary 0
Mandatory 3 Article 10 requires notification of mergers.
Pre-merger 2 Article 10 implies that notification must occur before the merger takes place.
Post-merger 0
Merger Assessment Dominance 1 Article 7 says that mergers that create or strengthen a dominant position or restrict competition are prohibited.
Restriction of Competition 1 Article 7 says that mergers that create or strengthen a dominant position or restrict competition are prohibited.
Public Interest (Pro D) 0
Public Interest (Pro Authority) 0
Other 0
Efficiency 0
Dominance Limits Access 1 Article 6(e) prohibits restricting production.
Abusive Acts 1 Article 6 prohibits various abusive acts by dominant undertakings.
Price Setting 0
Discriminatory Pricing 1 Article 6(b) prohibits price discrimination.
Resale Price Maintenance 1 Article 4(a) and Article 6(c) prohibits RPM.
Obstacles to Entry 1 Article 6(a) prohibits preventing another undertaking from entering the market.
Efficiency Defense 0
Restrictive Trade Practices Price Fixing 1 Article 4(a) prohibits price fixing.
Tying 1 Article 4(f) prohibits tying arrangements.
Market Division 1 Article 4(b) prohibits market division.
Output Restraint 1 Article 4(c) prohibits controlling the amount of supply or demand in relation to goods or services.
Market Sharing 1 Article 4(b) prohibits market sharing.
Eliminating Competitors 1 Article 4(d) prohibits behavior meant to eliminate competitors from the market.
Collusive Tendering/Bid-Rigging 0
Supply Refusal 0
Efficiency Defense 1 Article 5(1) allows an exemption to the Article 4 prohibitions for agreements that ensure economic or technical development in the production or distribution of goods.

References

  1. Turkish Competition Authority website, http://www.rekabet.gov.tr/word/ekanun.doc.