Yesterday, the Turkish Competition Authority (“Authority”) has published its annual report (“Annual Report”) regarding 2023. A summary of the Annual Report is provided below for your review and further details may be reached through this link.
In the Annual Report, it is indicated that a total of 370 cases were concluded in 2023; 145 of these were related to anti-competitive conducts, 8 of them constituted of individual exemption and/or negative clearance applications, and 217 were merger control cases. When the cases finalized in 2023 are compared with 2022, it is safe to state that there was an increase in the number of competition violation cases.
The Annual Report noted that most of the 145 cases concerning anti-competitive conducts occurred in the food industry, the machinery industry and health services. Additionally, it is emphasized that information technologies, platform services, chemicals, mining, healthcare services, and automotive industry as well as vehicle services were the leading sectors in merger and acquisition applications made to the Authority.
In 2023, a total administrative fine amounting to TRY 1,900,675,663 was imposed on undertakings in accordance with Article 16(3) of the Law No. 4054 on the Protection of Competition. Among this total fine, anti-competitive agreements among undertakings (Article 4 related infringements) constituted TRY 1,799,182,282 and violations related to abuse of dominant position (Article 6 related infringements) was TRY 101,493,381. Finally, administrative monetary fines for hindering on-site inspection conducted by the Authority was TRY 267,887,916.
As for the sector inquiries, the Annual Report noted that the following inquiries were on-going: “Online Advertising”, “Pharmaceuticals”, “Fuel Oil”, “Container Transportation by Regular Lines and Container Port Services”, “Automotive”, “Mobile Ecosystem”, “Earthquake zone” and “Red meat” markets.
As a result, it is concluded that the Authority had a very busy and productive year in 2023 and that it will continue to fulfil all its functions without interruption in 2024.
