Competition Law

In Turkey, the Act no 4054 on the Protection of Competition was adopted and put into effect in 1994. Agreements, decisions and practices which prevent, distort or restrict competition between any undertakings operating in or affecting markets for goods and services, and the abuse of dominance by the undertakings dominant in the market, and any kind of legal transactions and behaviour having the nature of mergers and acquisitions which shall decrease competition to a significant extent, and transactions related to the measures, establishments, regulations and supervisions aimed at the protection of competition fall under the Act no 4054 on the Protection of Competition.

In this framework, competition authorities which have an obligation to enforce competition laws are charged with taking the necessary measures and implementing the necessary regulations in order to prevent practices and operations of undertakings which distort efficient competitive conditions, with a view to increase social welfare by safeguarding the freedom of enterprise and ensuring efficiency in resource allocation.

For example, a bargain or an action may comply with the freedom of contract but may conflict with the competition law at the same time. Corporations are exposed to large amount of fines caused by actions since they are not familiar with the competition rules. For this reason, informing the directors and personals of corporations about the competitions rules and forbidden acts have great importance.

Sahin Law Firm conducts preventive examination on agreements of companies which may breach competition, represents companies in competition investigation and gives legal advice in particularly mergers and acquisitions which may result in breach of competition. In addition to legal services on Competition Law, associates organize events such as seminar, conference and education activities.

Some of the services provided in this framework are listed below:

– Preventive legal consultancy on examining contracts, actions, mergers and acquisitions, joint ventures and unilateral decisions that may cause a violation of competition,
– Representation of companies that are faced with the competition investigation before the Competition Authority,
–  Claim and prosecution of annulment actions against administrative fines given by the Competition Authority,
– Applications for negative clearance and exemption, and prosecution of the procedures.