Introduction The European Court of Justice’s (“ECJ”) recent Intel decision calls for a reflection on the impact that the court’s assessment of evidence may have on Turkish competition law enforcement. In effect, by its judgment of 6 September 2017, the ECJ has set aside the judgment of the General Court which had confirmed the fine…
On 27 June 2017 the European Commission decided to impose an unprecedented EUR 2,42 billion fine on Google (Google Inc. and Alphabet Inc.) for an abuse of dominance by favouring its own shopping service/ads in internet searches (comparison shopping market). Previous EC record antitrust fine on a single company was EUR 1,06 billion for Intel…
On 18 September 2017 the TCA cleared the acquisition of Opel/Vauxhall by Peugeot unconditionally. The transaction was earlier approved by the European Commission (EC). Peugeot makes and sells passenger vehicles and light commercial vehicles worldwide under the brand names Peugeot, Citroen and DS. Opel also manufactures and sells passenger vehicles and light commercial vehicles. Opel…
The TCA published its reasoned decision in relation to approved on 09.02.2017 acquisition of Tesco Kipa Kitle Pazarlama Ticaret Lojistik ve Gıda San. A.Ş. (TESCO KIPA) by Migros Ticaret A.Ş. (MIGROS) subject to conditions. MIGROS is an undertaking, which currently operates in retail sector. Fast moving consumer goods (FMCG) constitute its primary product market. TESCO…
Introduction The Turkish Competition Authority (the “TCA”) amended the Communiqué governing the Turkish merger control implementation (Communiqué No. 2010/4 on Mergers and Acquisitions Requiring the Approval of the Competition Board (“Communiqué”)) on February 24, 2017. While there is no change to the currently applicable notification thresholds, the amendments concern the regime for successive transactions as…
Introduction In the era of digital markets, the growing importance of Big Data1 is undeniable. “The rise of new businesses models based on the collection and processing of Big Data is currently shaping the world.”2 Indeed, the Big Data phenomenon has not only changed the way businesses conduct their economic activities, but also presented new…
The USD 122 million fine imposed on 18 May 2017 by the European Commission on Facebook for providing inaccurate information about WhatsApp 2014 acquisition serves as a loud reminder for business that non-compliance with any aspect of competition/merger rules – including obligation to provide information – may be rather costly. Background In its notification back…
In July 2017, the European Commission (EC) launched investigations into alleged breaches of EU merger procedural rules by Merck and Sigma-Aldrich, General Electric, and Canon, in particular by providing incorrect or misleading information by the first two companies; and by implementing a merger before notification and clearance by the latter company. This is just another…
I personally observe that the managing staffs of companies are becoming highly aware of competition law but this awareness is frequently related to the great label it holds as ‘something of a great threat to my career’. The principal objective in delivering this piece is to clarify the key aspects of competition law through its…
1. Introduction It is a common practice that companies become familiar with competition law and aware that they are violating competition rules only once they are faced with the investigation and fines imposed on them by the Competition Authorities for the breach of those rules. An effective competition compliance program (“CCP”) may help companies to…