Türkiye Updates its Merger Control Guidelines

The Turkish Competition Authority (TCA) has updated its merger control guidelines to reflect the amendments made to the Merger Communiqué in February 2026. Overall, the changes aim to make the merger filing rules clearer, particularly for joint venture transactions, turnover calculations and technology-undertaking exception.

The updated guidelines provide additional explanations and examples on how to identify the relevant undertakings in joint control acquisitions. They also clarify how turnover should be calculated: Turkish sales will be included when calculating worldwide turnover, while foreign sales will not be included when calculating Turkish turnover. Specific rules are also introduced for calculating Turkish turnover in transactions involving technology undertakings.

One of the other clarifications concerns multiple transactions carried out within a threeyear period. The TCA has now made clear that the rule treating such transactions as a single transaction may also apply to joint venture transactions. The guidelines also clarify that, for the purposes of this three-year period, the starting point will be the date on which the relevant notification is submitted to the TCA.

Finally, the TCA has provided further guidance on joint ventures. In addition to assessing the concentration itself, the TCA will also consider whether the joint venture may create coordination risks between the parent companies. In simple terms, the risk is more likely to be relevant where the parent companies are active in the same market, while it will generally be lower where their activities do not overlap.

Dassault Investigation

Widens: Dealers Now Face Separate Scrutiny

In the course of the ongoing investigation into Dassault, the Turkish Competition Authority carried out on-site inspections at certain Dassault dealers. The findings obtained during these inspections led the Turkish Competition Board (TCB) to initiate a separate investigation into the dealers.

The investigation was launched based on findings obtained during the on-site inspections, which indicate that the dealers may have coordinated sales conditions for SolidWorks, a computer-aided design software used by engineers and designers, including prices and payment terms, allocated customers, and entered into no-poach arrangements.

This development is a useful reminder that documents and communications reviewed during an on-site inspection may give rise to separate lines of inquiry, even where the inspection is conducted in the context of another investigation.

Mastercard and Visa

Investigation Concluded Through Commitments

The TCB has concluded its investigation into Mastercard and Visa through commitment procedure.

The investigation concerned competition issues in the scheme services market, as well as Mastercard’s activities in the digital wallet services market through Masterpass. According to the TCB’s findings, certain practices relating to discounts, incentives and contractual arrangements may have hindered competing undertakings in the relevant markets.

Within the scope of the commitments, Mastercard and Visa agreed to revise the discounts and incentives offered to customers in order to make them more transparent, objective and proportionate. The parties also submitted commitments concerning interchange commission rates applicable to cross-border transactions.

In addition, Mastercard introduced commitments regarding product positioning and campaign terms in its contractual and de facto relationships with merchants receiving digital wallet services through Masterpass. The commitments concern the visibility and positioning of digital wallet providers on payment screens.

Kyocera Investigation Resolved Through Settlement and Commitments

The TCB has concluded its investigation into Kyocera and Geskopikit through a combination of settlement and commitment procedures. The investigation concerned allegations that the relevant undertakings prevented parallel imports, imposed customer and territorial restrictions on resellers without distinguishing between active and passive sales, and fixed resale prices.

Within the scope of the settlement procedure, both Kyocera and Geskopikit admitted they were engaged in resale price maintenance practices and received a 25% reduction in their administrative fines. The companies were fined approximately EUR 344,805 in total.

In parallel, both undertakings submitted commitments under which they undertook not to restrict the customers, territories or resellers to whom dealers and sub-dealers may sell products, not to prevent parallel imports, and to address competition concerns arising from certain non-compete and exclusive purchasing obligations in their agreements.

Ice Cream Market Under Investigation

The TCB has launched an investigation into Unilever and Magnum in the industrial ice cream market. The case concerns both potential anticompetitive conduct and abuse of dominance, as well as a failure to comply with measures previously set out by the TCB in its previous 2021 decision.

Along with the investigation, the TCB also introduced interim measures regarding freezer allocation at sales points with a closed area of 100 m² and below where no freezer accessible to consumers is available other than those owned by Unilever.

Under the measures, Unilever and Magnum must allocate 30% of the freezer space as a single block for competing products and place a label stating that the relevant section is reserved for competitors. The parties’ own products may not be placed in that area. If no competing products are available, the allocated section must remain empty. Upon request by the relevant sales point, the reserved space may be increased up to 50%.

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