SCH-Legal helps companies anticipate how competition law affects their day-to-day commercial decisions and manage proceedings before the Turkish Competition Board. Matters carrying competition risk, from distribution and supply agreements to pricing policies, information exchanges and merger notifications, are assessed, and clients are represented in investigations and inquiries.
Competition Board investigations
preparing and submitting the necessary submissions and documents, conducting the defence before the Competition Board including the oral hearing, and following the investigation effectively.
Competition law compliance programmes
auditing clients’ activities and practices, reviewing contracts and other key documents, conducting interviews, providing competition law training and preparing compliance guidelines.
Merger control
notifying mergers and acquisitions to the Competition Board and advising on the competition risks of the transaction.
Abuse of dominance
advising on the undertaking’s practices and providing legal opinions during Competition Board investigations.
Competition law in digital markets
assessing the specific dynamics of digital markets from a competition law perspective.
Private litigation
actions before the competent courts for damages arising from competition law infringements.
Distribution agreements and supply chains
in sectors such as retail, automotive, pharmaceuticals, medical devices, apparel and food.
Individual exemption and negative clearance applications
Individual exemption and negative clearance applications.
Training to prepare companies for on-site inspections by the Competition Board, and support during on-site inspections
Training to prepare companies for on-site inspections by the Competition Board, and support during on-site inspections.
Settlement and commitment applications
Settlement and commitment applications.
- Competition Board investigations
- Competition law compliance programmes
- Merger control
- Abuse of dominance
- Competition law in digital markets
- Private litigation
- Distribution agreements and supply chains
- Individual exemption and negative clearance applications
- Training to prepare companies for on-site inspections by the Competition Board, and support during on-site inspections
- Settlement and commitment applications
What we do
- Competition Board investigations and defence
- Compliance programmes, audits and training
- Merger control notifications
- Abuse of dominance and digital markets
- Private damages actions
- Distribution agreements and supply chains
Frequently asked questions
Common questions on competition law
Investigations, dawn raids, dealer pricing and damages.
How does a Competition Board investigation work, and how long does it take?
Following a complaint or on the Board’s own initiative, a preliminary inquiry is carried out first, and an investigation is opened if needed. The investigation is completed within six months and can be extended by a further six months. The parties submit written defences and may request an oral hearing.
Since 2020 there have also been commitment and settlement mechanisms: under certain conditions an investigation can be closed without a finding of infringement, or with a reduced fine. Considering this option at the right time directly affects the outcome.
What should we do if Board experts arrive unannounced for an on-site inspection (dawn raid)?
You must allow the inspection. Obstructing or hindering it carries an administrative fine of five per thousand of turnover. The experts can examine and copy books, documents and electronic data, including emails.
To be prepared, it is enough that reception and managers know what to do, that one person is put in charge, and that a list is kept of every copy taken during the inspection. Even a single rehearsal before it happens makes a difference.
Can we set the resale price for our dealers?
You cannot set a fixed or minimum resale price; this is one of the clearest prohibitions in competition law. Recommended and maximum prices are allowed, as long as pressure or incentives do not turn them into fixed prices in practice. In Board decisions, the fine often stems not from the contract itself but from an email or message the sales team sent to a dealer.
What information is it a problem to share with competitors?
Current and detailed information on prices, costs, customers, capacity and future plans. Even without an explicit agreement, sharing this information can amount to a concerted practice. Trade association meetings and joint reporting exercises are the riskiest settings; an internal guideline on what can be discussed goes a long way to reducing that risk.
We have suffered loss from a competition infringement. Can we claim damages?
Yes. Those harmed by a competition infringement can claim compensation from the companies responsible. If the loss results from the parties’ agreement, decision or gross negligence, the court can award up to three times the loss. A Board decision finding an infringement is strong evidence in these cases.
Team
Our team in this area
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Contact
How can we help?
Tell us briefly about your matter and the relevant team will get back to you.
info@sch-legal.com · +90 212 709 08 50