Turkey

Active Enforcement

Law No. 4054 on the Protection of Competition (1994)

Authority: Turkish Competition Authority (Rekabet Kurumu, RK) | Enforcement: Active

Overview

Turkey has operated a comprehensive competition regime since 1994 under Law No. 4054. The Turkish Competition Authority (Rekabet Kurumu) is an independent regulatory body with extensive enforcement powers. The law, modelled on EU competition principles, prohibits anti-competitive agreements, abuse of dominance, and provides for mandatory merger control. Turkey is also a candidate for EU membership, and its competition framework is substantially aligned with the EU acquis. The RK is one of the most active competition authorities in the region, handling hundreds of cases and merger notifications annually. Recent legislative developments include amendments to the merger control thresholds (2022), introduction of a de minimis regime, and active enforcement in digital markets including significant fines against global technology platforms.

14-Topic Competition Coverage

Competition Authority

Fully Addressed

The Rekabet Kurumu (Turkish Competition Authority) is an independent body with broad investigative, decision-making, and sanctioning powers.

Anti-Competitive Agreements (Horizontal)

Fully Addressed

Article 4 prohibits horizontal agreements restricting competition, including cartels, price-fixing, and bid-rigging. Block exemptions available.

Anti-Competitive Agreements (Vertical)

Fully Addressed

Vertical agreements are assessed under Article 4 with a block exemption regulation modelled on the EU vertical agreements framework.

Abuse of Dominance

Fully Addressed

Article 6 prohibits abuse of dominance, closely following EU Article 102 TFEU. Covers exploitative and exclusionary conduct.

Merger Control

Fully Addressed

Mandatory pre-merger notification based on turnover thresholds (revised in 2022). Transaction-value threshold also introduced. Review periods of 30 days (Phase I) and 6 months (Phase II).

Leniency Programme

Fully Addressed

Well-established leniency programme since 2009 offering full immunity for the first applicant and reduced fines for subsequent applicants.

Settlement & Commitment

Fully Addressed

Commitment mechanism introduced by amendments. The RK may accept behavioural or structural commitments to resolve competition concerns.

Penalties & Sanctions

Fully Addressed

Fines of up to 10% of annual gross revenue. Individuals involved in cartel activity may be fined up to 5% of the fine imposed on the undertaking.

Digital Markets Regulation

Partially Addressed

No standalone digital markets law, but the RK has been extremely active in enforcing against technology platforms, imposing significant fines on Google, Meta, and others.

Sector Regulators

Fully Addressed

ICTA (telecoms), EMRA (energy), BDDK (banking), and SPK (capital markets) exercise concurrent regulatory oversight in their sectors.

Dawn Raids & Investigations

Fully Addressed

The RK has extensive on-site inspection powers. Dawn raids are frequently conducted. Electronic evidence seizure protocols are well-developed.

Private Enforcement

Partially Addressed

Damages claims may be brought before civil courts, but private enforcement remains limited compared to public enforcement.

International Cooperation

Fully Addressed

Active participant in ICN, OECD Competition Committee, and UNCTAD. Bilateral cooperation agreements with the EU and neighbouring jurisdictions.