Competition Law and Competition Board Transactions
Representation and Defence Services in the Competition Authority Investigations
As it is known, among the undertakings operating in a certain goods and services market; Agreements, concerted actions and enterprise unity decisions that are intended to violate competition, directly or indirectly, or which result in a potentially violating effect, even if they are not intended to compete, are prohibited and, in case of violation, heavy sanctions based on administrative and private law are foreseen.
Here, in terms of undertakings that are involved in a competition investigation with the claim of such a violation of competition, our office provides all kinds of representative, written and verbal defence services in front of the board. Our firm carries out all the necessary services both during the investigation process and in cases to be filed against the decisions of the board, with its expert lawyers and experienced staff in the field of competition law.
Individual Exemption, Negative Clearance, Complaint and Regret Application Services
In the presence of certain conditions of competition, even if the agreements between the undertakings, concerted actions and enterprise union decisions cause a violation of competition, Competition Board may exempt the undertakings concerned from the application of administrative sanctions.
In this context, our office provides individual exemption application services to the competition committee, especially in terms of agreements between suppliers and dealers and other undertakings in the distribution network. We also make applications for negative determination in order to determine that activities and agreements of undertakings are not against the law in order to eliminate the hesitations regarding the violation of competition and to eliminate the related hesitations.
If you claim that you are the victim of a competition violation, our office provides services to the board to make the necessary complaints, as well as to follow up the board investigation and to participate in the investigation. In addition, the regret applications, which have become increasingly widespread for undertakings that are regretful and want to actively cooperate with the competition institution, are duly made and the undertakings are eliminated from administrative sanctions.
Lawsuits for Compensation of Loss Resulting from Competition Violations
In violations of competition, those who are damaged by the violation have the right to demand compensation from undertakings that have committed the violation. In this case, infringing undertakings will not only deal with administrative fines imposed by the board, but will also have to compensate for all damages of those who suffered from the infringement. In fact, if there is a deliberate or gross negligence of undertakings in the violation, the judge may award compensation up to three times the damage arising from the violation. Our office carries out the necessary lawsuits and reconciliation attempts on compensation claims.
Obtaining Necessary Permits for Mergers and Acquisitions and Managing Applications
Some mergers and acquisitions are subject to the permission of the Competition Board. It is necessary to obtain permission from the board for mergers and acquisitions that exceed some criteria with a notification issued in this regard. While our office provides services to the parties within the scope of the Turkish Trade and Obligations Law regarding the merger and acquisition transactions, it also executes and finalises the application and permit procedures to the Competition Board, if necessary.
Competition Law Continuous Education, Competition Rules Compliance and Regulation
Our office, with its expert and competent staff, provides the necessary training services to the entrepreneurs at all levels at certain intervals and provides the necessary information on current changes and decisions. In these trainings, instead of following a legislative and law-based program, a training-oriented education policy, in which the unit is trained in their related field, is followed.
Simultaneously with these trainings, competition compliance programs are prepared for the undertakings, taking into account the characteristics of the relevant market and the organisational structure of the undertaking for each enterprise separately.
Competition compliance programs are prepared for the purpose of preventing any violation of competition, and as a result, enterprise managers will be informed about their competition rules and their respective areas of responsibility, thus avoiding decisions and practices that will cause violations. With the competition compliance programs, especially the sensitive units of the companies (finance, marketing, distribution, legal consultancy etc.) are informed and constantly monitored.