August 2024 – This issue of Quick Read provides an overview of the Turkish Competition Authority’s (“TCA”) decisions and announcements and other developments in Turkish competition law during August 2024.
Dive into August updates
1. Settlement on no-poaching in the pharmaceutical labour market
The TCA concluded its investigation into pharmaceutical companies Bilim İlaç and Drogsan İlaç regarding allegations of anti-competitive no-poaching agreements with their competitors to avoid hiring each other's employees in the labour market with a settlement. As part of the settlement, Bilim İlaç was fined TRY 155,488,332.29 (approximately USD 4.58 million), while Drogsan Pharmaceuticals was fined TRY 30,593,234.79 (approximately USD 900,000).
2. Blocking abuse of dominant position through intellectual property in packaging markets
The TCA concluded its investigation of Tetra Laval Holding & Finance SA and Tetra Pak Ambalaj (“Tetra Pak”) regarding allegations of abuse of dominant position in the markets for the “production and sale of aseptic liquid food carton packaging filling machines” and the “production and sale of aseptic liquid food carton packaging”.
The TCA found that Tetra Pak abused its dominant position by leveraging intellectual property rights, including trademark and design registrations. Tetra Park is required to:
- waive its trademark right numbered 2014/54843 and design right numbered 2013/08197 as per the Industrial Property Law No. 6769, and;
- withdraw its other 3D trademark applications numbered 2022/119380 and 2022/119376, which are in the evaluation phase.
Tetra Pak was also fined TRY 130,889,523.70 (approximately USD 3.86 million).
3. Fines in the ready-mixed concrete market
The TCA concluded investigations into several ready-mixed concrete producers operating in the Adana-Osmaniye and Ankara-Kırıkkale regions for alleged collusive behaviour, including price-fixing, customer allocation, and information exchange. The fines imposed were as follows:
- Samet Hazır Beton: TRY 6,574,548.59 (approximately USD 193,637);
- Ezn Maden İnşaat: TRY 6,908,330.23 (approximately USD 203,467);
- Ozan Hazır Beton: TRY 33,272,888.82 (approximately USD 979,969);
- Zirve Gurup Hazır Beton: TRY 27,982,658.28 (approximately USD 824,159);
- Birlik Hazır Beton: TRY 6,082,669.33 (approximately USD 179,150);
- Limmer Beton: TRY 14,486,390.87 (approximately USD 426,660);
- Uğural İnşaat: TRY 29,861,767.41 (approximately USD 879,503), and;
- Efaş Beton: TRY 2,047,821.55 (approximately USD 60,313).
The TCA did not impose fines on Çimsa Çimento, KÇS Kahramanmaraş Çimento, Baştaş Hazır Beton, Limak Çimento, Şerbetci İnşaat, Kolsan İnşaat and SY Ankara Hazır Beton due to the lack of sufficient and serious findings.
4. Second round in the merger filing
The TCA announced that it would launch a final examination of the proposed acquisition of sole control of pharmaceutical company Eczacıbaşı Monrol Nükleer Ürünler by Curium International Trading, citing the need for deeper analysis to assess the potential impact on the relevant market.
5. Merger and acquisition transactions
In August 2024, the TCA approved 22 merger and acquisition transactions and one privatisation transaction and issued one negative clearance and one individual exemption decision.
New investigations and hearings
- Investigation regarding three ready-mixed concrete companies – 29 August 2024: The TCA initiated a full-fledged investigation into three Turkish ready-mixed concrete companies—Zofunlar Beton, Saros Hazır Beton and Serin Beton—for alleged price-fixing, customer allocation and/or exchanging competitively sensitive information.
- Oral hearing on Arı İnovasyon ve Bilim Eğitim Hizmetleri – 27 August 2024: The TCA announced that an oral hearing will be held on 24 September 2024 at 10.30 as part of its investigation of Arı İnovasyon ve Bilim Eğitim Hizmetleri.