Government of the Republic of Turkey

“ Article 26- Before the First Presidential Court of the Supreme Court of Appeal, the members of the Board take an oath that during their term of office, they shall carry out the tasks of the Board with full attention and honesty, and they shall not act or allow others to act contrary to the provisions of the Act. The application made for the oath is deemed to be among the urgent business by the Supreme Court of Appeal. The Chairman and members of the Board may not assume office before taking an oath. ”

“ Article 58- Those who suffer as a result of the prevention, distortion or restriction of competition, may claim as a damage the difference between the cost they paid and the cost they would have paid if competition had not been limited. Competing undertakings affected by the limitation of competition may request that all of their damages are compensated by the undertaking or undertakings which limited competition. ”

“ If the market share is not over 40% initially, but later rises above the threshold without exceeding 45%, the exemption shall continue to apply for the two years following the year in which the market share threshold was first exceeded. ”

“ The members of the Board may not take part in negotiations and votings in events concerning themselves, and their kin by blood up to the third degree and their kin by marriage up to the second degree. ”

“ The concept of "designated" expresses that know-how has been defined in an adequately comprehensive and detailed manner so as to be able to verify that it bears the conditions of being confidential and essential. ”

“ When deciding on fines, the Board shall take into account factors such as the existence of intent, the severity of fault, the market power of the undertaking or undertakings upon which a penalty is imposed, and the severity of potential damage.
Fines are not applicable to agreements and decisions notified within due time, for the period until the final decision by the Board, in case they do not expressly violate the provisions of this Act. ”

“ Preventing the purchaser from determining its own selling price. It is to such an extent that the provider may determine the maximum selling price or recommend the selling price, on condition that it does not transform into a fixed or minimum selling price as a result of the pressure or encouragement by any of the parties. ”

“ Natural and legal persons who produce, market and sell goods or services in the market, and units which can decide independently and do constitute an economic whole, Association of Undertakings: Any kind of associations with or without a legal personality, which are formed by undertakings to accomplish particular goals, Goods: Any kind of movable or immovable property which is the subject of trade, Services: Physical, intellectual or combined activities carried out in return for a cost or interest, Authority: Competition Authority, Board: Competition Board. ”

“ However, in case a part of the investment total required for enabling the purchaser to realize its activity based on the agreement is covered by the provider on condition that it is not less than 35 %, the duration of non-compete obligation to be introduced on the purchaser may be until ten years on condition that the part exceeding five years is only limited to the activity to be conducted in the facility where this investment has been made. ”

“ Article 9- If the Board, upon informing, complaint or the request of the Ministry or on its own initiative, establishes that articles 4, 6 and 7 of this Act are infringed, it notifies the undertaking or associations of undertakings concerned of the decision encompassing those behaviour to be fulfilled or avoided so as to establish competition and maintain the situation before infringement, in accordance with the provisions mentioned in section Four of this Act.
Natural and legal persons who have a legitimate interest are entitled to file a complaint. ”

“ In the selective distribution system, restriction of active or passive sales to end users, to be performed by the system members operating at the retail level, provided that the right is reserved as to the prohibition for a system member against operating in a place where he is not authorized. ”

“ For those who shall be appointed as experts from public organizations, the requirement of having taken up their profession by a competitive and proficiency exam is sought as well. Until the organization of the Competition Authority is completed, the personnel of the related Ministry may be temporarily commissioned in the fulfillment of the tasks of the Authority. ”

“ In case of agreeing that the non-compete obligation may be implicitly renewed in a way to exceed the durations mentioned in this paragraph, the non-compete obligation shall be deemed for an indefinite period. ”

“ Revenues of the Authority are exempt from the Corporation Tax, and from the Inheritance and Transfer Tax due to donations and aids to be granted; interests to accrue in favor of the Authority due to any transactions to be performed are exempt from the Banking and Insurance Transactions Tax; revenues of the Authority and all transactions concerning these revenues are exempt from any kind of taxes, duties and charges in the purchase and sale of immovable goods; vehicles to be purchased for the Authority are exempt from the Vehicle Purchase Tax and Stamp Duty. ”

“ Other necessary requirements are determined in the examination Regulations to be issued by the Board.
Experts on Competition
Article 36- Those appointed as assistant experts on competition pursuant to article 35 are awarded the title of "Expert on Competition" in case their expertise thesis which they shall prepare or have already prepared concerning their topics is approved by the Board, provided that they have worked for at least three years and received a positive record. Experts and assistant experts on competition bear the title and possess the power of professional staff. ”

“ Article 2- Provided that they bear the conditions mentioned in this Communiqué, agreements concluded between two or more undertakings operating at different levels of the production or distribution chain, with the aim of purchase, sale or resale of particular goods or services -vertical agreements- are exempted in block from the prohibition in article 4 of the Act, based on article 5 paragraph three of the Act. ”

“ The Ministry to which the Authority relates is the Ministry of Industry and Trade.
The Authority is independent in fulfilling its duties. No organ, authority and person may give commands and orders to influence the final decision of the Authority. ”

“ Those which are not subject to the income tax among the payments made to the highest ranking civil servant shall also not be subject to the income tax pursuant to this Act. Salaries and other financial rights of the Authority personnel are determined by the Board upon the proposal of the Presidency, under the principles in the first paragraph with regard to salaries and making changes thereto. ”

“ Perform examinations on the spot with regard to any assets of undertakings. Examination is performed by experts employed at the disposal of the Board. While going for an examination, experts carry with them an authorization certificate showing the subject-matter and purpose of the examination, and that an administrative fine shall be imposed should incorrect information be provided. ”

“ In cases where a hearing is not requested by the parties, and the Board does not decide to hold a hearing on its own initiative, the final decision is made within 30 days following the end of the investigation stage, pursuant to the examination to be performed on the file. In case the parties concerned fail to attend the hearing despite the decision to hold a hearing, the decision is made within one week following the date of the meeting determined, pursuant to the examination to be performed on the file. ”

“ Vice-Presidents are obliged to fulfil duties and carry out instructions given by the President, and to ensure harmony and cooperation between the levels of the organization and the service units concerned.
Service Units
Article 32- The service units of the Competition Authority are composed of the main service units organized as Department Head Offices, advisory units and auxiliary service units. ”

“ Proxy or job contract provisions are applicable to personnel to be employed in such tasks. For those to be employed pursuant to this paragraph, salaries they receive from social security organizations shall not be cut off. Foreign experts may also be employed pursuant to the principles of the Regulations which shall be prepared by the Presidency and which shall take effect upon the approval of the Board. ”

“ Should the Chairmanship and memberships are vacated before the expiration of the term of office, due to any reason other than renewal, election and appointment are carried out within one month for the vacated seats. The one appointed in such a case completes the term of the person he replaces. ”

“ In case undertakings and associations of undertakings having legal personality are subjected to fines mentioned in paragraph one, natural persons employed in managerial bodies of this legal personality are also fined personally up to ten percent of the fine imposed. ”