Competition Law

Strategic, preventive and commercially focused advice in competition law

Most companies regard competition law as an area that comes to the fore only when an investigation or sanction risk arises. Yet effective competition law advice begins at the design stage of pricing policy, takes shape in the first draft of distribution agreements and proves its value before industry meetings.

For companies active in sectors where competition law enforcement is especially intensive, including retail, energy, pharmaceuticals, automotive, telecommunications, electronic commerce and logistics, a compliance approach detached from operational context is not sufficient. Cetin Attorney Partnership places legal risk assessment within commercial strategy by evaluating each client's business reality and market dynamics as a whole.

The practical outcome of this approach is not merely to align contracts with legislation. It is to place market conduct, commercial communication and decision making on a defensible, sustainable and competition law safe footing.

Competition Law Compliance Programs and Legal Infrastructure

Competition law risks largely arise in day to day operations. They emerge from relationships built by sales teams with dealers and distributors, price recommendations, exclusivity arrangements and information shared with competing undertakings on sector platforms. Recognising these risks is easier than managing them, yet management is far more valuable than detection.

Cetin Attorney Partnership advises on internal competition compliance policies, the review of existing contracts and procedures, the identification of risky practices and the preparation of action plans. Legal infrastructure work is supported by in house training and workshops tailored to different stakeholders, from board members to sales and procurement teams.

Competition compliance programs are among the most effective tools for preventing legal risk regardless of sector size. It should also be remembered that the Competition Board takes the existence of a company's compliance infrastructure into account during investigations.

Competition Law in Distribution, Dealership and Distributorship Agreements

Distribution structures shape market access strategy and create critical competition law risks. Exclusive territory allocations, resale price mechanisms, passive sales restrictions, bans on competing products, online sales restrictions and loyalty discounts all require careful management both when structuring new agreements and when maintaining ongoing relationships.

Cetin Attorney Partnership provides legal support for the preparation, revision and negotiation of distribution, franchise, distributorship and dealership agreements within the framework of Communique No. 2002/2 on Vertical Agreements. It ensures that the contractual structure serves the client's commercial objectives while remaining aligned with exemption conditions. Where necessary, applications for individual exemption or negative clearance are handled as part of the same service. For broader advice on commercial contracts, you may review our Contract Law page.

Individual Exemption, Negative Clearance and Permit Applications

Not every contractual restriction limits competition directly, and not every competition restraint is unlawful. The regime of individual exemption allows practices that contribute to economic efficiency, consumer benefit or technological development, subject to specific conditions, to be carried out under protection recognised by the Competition Board.

Cetin Attorney Partnership handles individual exemption applications, negative clearance requests and related permit processes in connection with vertical agreements, licensing structures, technology transfer arrangements and strategic collaborations. In these applications, the economic rationale of the business model, market conditions, competitive effects and benefits to consumers are assessed as a whole, so that the commercial structure rests on a defensible footing both operationally and legally.

Competition Risks Connected with Technology Transfer, Licensing and Intellectual Property

Technology transfer, know how sharing, software licensing, the transfer of intellectual property rights and joint development projects require specific assessment where competition law and intellectual property law intersect. Exclusivity provisions, usage limitations, territorial restrictions, production caps, grant back obligations and non compete clauses create a growing area of risk in both software and technology sectors.

Cetin Attorney Partnership provides contract advice and structuring services for technology transfer, licence agreements and joint development projects with a view to competition law compliance. Establishing the correct balance between the protection of intellectual property rights and competition law obligations is a prerequisite for bringing innovation, investment and commercial cooperation goals into effect on a legally secure basis.

Competition Authority investigations, on site inspections and administrative litigation

Investigations conducted by the Competition Authority are the most decisive aspect of competition law enforcement in Turkiye. Substantial administrative fines, mandatory behavioural obligations and the reputational effect of public findings require these processes to be managed professionally, in a coordinated manner and with strategic judgment.

Cartels, Horizontal Agreements and Concerted Practices

Price fixing, market and customer allocation, coordination of output and collusion in tenders are among the most heavily sanctioned categories of infringement under Article 4 of Law No. 4054. Exchanges of competitively sensitive information between rivals may also be assessed as concerted practices even where no explicit agreement exists. This places trade associations, joint working groups and sector meetings within the zone of risk.

Cetin Attorney Partnership represents clients in the formulation of defence strategy, the conduct of economic and legal analysis, evidence management and the preparation of written and oral submissions before the Competition Board in cartel and horizontal agreement investigations. Assessments relating to the leniency programme are also handled as a necessary part of the process.

Abuse of Dominance

Practices by undertakings holding a dominant or otherwise strong market position may be subject to specific scrutiny under Article 6 of Law No. 4054 even when they appear to be ordinary competitive conduct. Predatory pricing, margin squeeze, exclusivity arrangements, loyalty discounts, refusal to supply, tying practices and conduct that makes market access more difficult for rivals carry different levels of risk depending on market share and market structure.

Cetin Attorney Partnership advises on market definition and market power analysis, the legal assessment of commercial conduct, defence strategy and representation before the Competition Authority in dominance investigations. The prior assessment of pricing, discount, supply and distribution policies for companies exposed to dominance risk is also treated as a critical element of preventive advice.

Competition Law Assessment and Notification in Mergers and Acquisitions

The competition law dimension of mergers and acquisitions is one of the basic components of transaction security. A failure to identify filing obligations in time may suspend closing for an indefinite period or trigger administrative fines calculated as a significant percentage of turnover. Competition law assessment should therefore not be left to the final stages of a transaction.

Cetin Attorney Partnership provides legal advice on pre transaction competition law assessment, the determination of filing obligations, the preparation and management of Competition Authority applications and the structuring of closing conditions in transaction documents. For our broader services concerning mergers and acquisitions and corporate law, you may visit our Practice Areas page.

On Site Inspection, Investigation Defence and Sector Inquiries

The Competition Authority's power to conduct on site inspections can have serious consequences for companies that are unprepared. Document and digital data searches, employee statements and correspondence records can become decisive evidence during the defence process.

Cetin Attorney Partnership represents clients during on site inspections, at the investigation stage, in responses to requests for information and documents, and in sector inquiries. Preparation before inspection, briefing relevant employees on the process, evidence management and proper communication with the Competition Authority are indispensable to bringing these matters to a close while safeguarding the client's interests.

For our commentary on current enforcement trends and Competition Board decisions, you may visit our Publications page.

Administrative Litigation Against Competition Board Decisions

Competition Board decisions may include administrative fines that at times exceed hundreds of millions, mandatory behavioural changes and public findings. Their legality in terms of procedure, evidential assessment, economic analysis, the right of defence and proportionality may be reviewed by administrative courts.

Cetin Attorney Partnership provides advocacy and representation in annulment actions brought against Competition Board decisions, including the drafting of pleadings, applications for stay of execution, the presentation of economic and legal arguments, expert evidence processes and the integrated management of administrative litigation strategy. For our broader services in dispute resolution, you may review our Dispute Resolution page.

Unfair competition disputes and breaches of non compete obligations

The reach of competition law extends beyond Law No. 4054. It also spreads across a much wider ground of commercial disputes through the unfair competition provisions of the Turkish Commercial Code and obligations arising from employment contracts.

Unfair Competition Disputes Under the Turkish Commercial Code

The unfair competition provisions of the Turkish Commercial Code form the legal basis for many commercial disputes involving competitors, former employees, dealers and suppliers. Misleading statements, the unlawful use of client networks, disclosure of trade secrets, imitation or confusingly similar products, conduct that harms reputation and breaches of contractual non compete obligations are all assessed within this framework.

Cetin Attorney Partnership provides advocacy and representation in unfair competition matters, from cease and desist stages to evidence preservation, from interim injunction requests to compensation claims. Depending on the nature of the dispute, such matters are pursued before the Commercial Courts of First Instance or the Civil Courts for Intellectual and Industrial Property Rights.

Non Compete and Trade Secret Disputes Arising from Employment Contracts

Non compete clauses, confidentiality undertakings and client portfolio restrictions in agreements with executives and key employees often become contentious after the employment relationship ends. A former employee's move to a competing business, the carrying of client relationships or the transfer of company specific information can create complex disputes at the intersection of employment, commercial and competition law.

Cetin Attorney Partnership advises both companies and managers on the drafting of non compete agreements within the framework of the Turkish Code of Obligations, the assessment of validity conditions, warning and evidence preservation processes, the legal pursuit of alleged breaches and compensation and defence proceedings.

Approach of Cetin Attorney Partnership

Competition law has moved beyond a question of bare statutory compliance. It has become a strategic legal field that directly intersects with market strategy, corporate governance and corporate reputation. In Turkiye, Competition Board decisions and enforcement trends continue to create serious operational and financial risk for both domestic and foreign invested companies.

With offices in Izmir and Istanbul, Cetin Attorney Partnership has extensive experience in competition law matters across retail, energy, pharmaceuticals, automotive distributorship, technology and logistics. The scope of services, from compliance advice to defence in investigations, from merger filings to administrative litigation, is shaped by an approach that assesses competition law together with its commercial dimension.

In every matter, the objective is the same. To protect the client's commercial integrity and market position on a lawful, sustainable and strategic basis. For a legal assessment of your competition law matters, you may contact us.