- within Strategy, Tax and International Law topic(s)
Meta AI Integration is Scrutinized Under Abuse of Dominance Rules
The Turkish Competition Board (“TCB”) has launched an investigation against Meta over allegations that the integration of Meta AI into WhatsApp may constitute an abuse of dominance. The investigation focuses on whether Meta restricting competition by preventing third-party general-purpose AI assistants from offering their services through WhatsApp.
In parallel with opening the investigation, the TCB imposed an interim measure (a mechanism it can apply under Turkish competition law where there is a risk of serious and irreparable harm before the investigation concludes) requiring Meta to ensure that competing AI chatbot providers can offer their services through WhatsApp without being placed at a factual or economic disadvantage relative to Meta AI. Meta has been granted one month to implement the necessary measures to comply; failure to do so will expose Meta to an administrative monetary fine.
The decision would prevent WhatsApp’s Turkish users from being effectively locked into Meta AI, opening the door for competing assistants to be accessed through WhatsApp on comparable terms. The case is one of the first instances of a competition authority applying abuse-of-dominance rules directly to generative AI integration into a dominant messaging platform, and may be a useful reference point for how self-preferencing theories of harm are applied to AI distribution more broadly.
Threads Returns to Türkiye Following Meta’s Commitments
The TCB allowed Threads to be made available again in Türkiye within the framework of the commitments that had been made binding in the investigation into Meta’s tying practices and its combination of user data between Threads and Instagram.
During the investigation, Meta suspended Threads’ operations in Türkiye. The investigation was concluded with the commitments offered by Meta being made binding, under which Meta committed to design a structure allowing new and existing users to use Threads without the need for an Instagram account.
Under the new model, users will be able to create and use a standalone Threads account without linking it to Instagram, and Instagram account data will not be combined with Threads for users choosing this option.
TCB Introduces Sector-Wide Obligations for Casting Agencies and Talent Managers
The TCB has been closely scrutinizing the TV series and film sector in recent years. As part of this focus, it has conducted several investigations into undertakings active at different levels of the audiovisual value chain. The investigation into the casting agency and talent management sector is one of the latest examples of the increasing enforcement. The investigation examined allegations that the relevant undertakings jointly determined agency commission rates and service conditions, exchanged competitively sensitive information, and simultaneously carried out casting agency, casting director, and production activities.
The investigated undertakings were fined approximately TRY 42.1 million (approx. EUR 800.000) in total. Alongside the fine, the TCB introduced sector-wide obligations that will to all undertakings in the sector. Accordingly, casting director activities may not be carried out within the same economic unit as casting agency/talent management activities. Similarly, production activities may not be carried out within the same economic unit as casting agency/talent management activities. Furthermore, in negotiations between casting agencies/talent managers and producers regarding the casting of talents, the casting of one talent may not be made conditional upon the casting of another talent.
These obligations will become binding for all undertakings active in the sector within three months following the publication of the reasoned decision.
Streaming Platforms Commit to Looser Exclusivity Rules
As part of its active enforcement in the TV series and film sector, the TCB has concluded its investigation into Netflix, BluTV, Disney, Amazon Prime, Exxen, and Gain through the commitments procedure. The investigation mainly concerned Netflix’s selection of independent producers for Netflix-branded Turkish original content and the platforms’ exclusivity arrangements with producers, distributors, right holders, and talents.
Exclusivity arrangements have been one of the recurring focus areas in the TCB’s investigations concerning the TV series and film sector, including Ay Yapım/Med Yapım and Star TV/ OGM, where the TCB accepted commitments restricting exclusivity arrangements between producers and other market players such as casting directors, talent managers, TV channels, and distributors.
Accordingly, Netflix agreed to shorten exclusivity periods for Turkish films and series, introduce certain revenue-sharing or distribution opportunities for producers, refrain from imposing exclusivity obligations on talents such as actors, directors and screenwriters, and avoid non-compete arrangements with Turkish producers or distributors. Netflix also committed to applying clearer selection criteria for producers and responding to project submissions in writing.
Disney, BluTV, Amazon, Exxen and Gain submitted similar commitments, including limits on exclusivity periods for branded and non-branded content, mechanisms such as revenue-sharing or cost repayment in return for shorter exclusivity, and commitments not to impose direct or indirect talent exclusivity for Turkish branded content.
Uber-Getir Deal is Approved with
Investment Commitments
The TCB approved Uber’s acquisition of sole control over certain Getir business lines, including online food ordering and delivery services and online fast-moving consumer goods ordering and delivery services, subject to the commitments submitted by Uber.
Accordingly, Uber committed to make a total investment of USD 500 million in Türkiye. The TCB noted that this investment is expected to support high-skilled employment, strengthen local engineering capabilities, and contribute positively to the development of Türkiye’s digital and technology infrastructure.
Tire Sector Fined Over Pricing and Dealer Practices
The TCB has concluded its investigation into undertakings active in the automotive tire production and distribution sector. The investigation concerned several allegations, including coordinated price movements, competitively sensitive information exchange, resale price maintenance, territorial and customer restrictions imposed on dealers, and labour-market related restrictions.
The TCB imposed additional fines on major tire suppliers and distributors. Overall, the fines imposed within the scope of the case reached approximately TRY 3.63 billion (approx. EUR 68.1 million).
The TCB also introduced obligations to prevent indirect information exchange through dealers. Tire suppliers operating in the replacement tire market must use dealer-specific watermark codes in pricing announcements, stop sending bulk pricing communications to dealers, use individual dealer portals instead, and include contractual provisions preventing dealers from sharing future pricing information with competitors.
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