ARTICLE
20 October 2026

Turkish Competition Law Round-Up For September 2026

BS
Balcioglu Selçuk Eymirlioglu Ardiyok Keki Attorney Partnership

Contributor

Balcioglu Selcuk Eymirlioglu Ardiyok Keki Attorney Partnership is an Istanbul based full service law firm with exceptional practices in corporate, M&A, banking and finance, real estate, energy, competition and litigation. BASEAK has gained an outstanding reputation and valued clientele by tailoring effective legal solutions to a broad spectrum of clients.
Following the publication of the Pharmaceutical Sector Inquiry Preliminary Report on 10 August 2026, the Turkish Competition Authority (“TCA”) held a stakeholder workshop on 21 September 2026 to assess the preliminary findings, observations, and policy recommendations set out in the report. The workshop brought together public institutions, undertakings operating in the pharmaceutical sector, industry representatives, academics, and other stakeholders to evaluate the preliminary findings from different perspectives.
Turkey Antitrust/Competition Law

Turkish Competition Authority’s Publications and Policy Developments

TCA Pharmaceutical Sector Inquiry: Preliminary Report Published and Stakeholder Workshop Held

(Our detailed article about the Pharmaceutical Sector Inquiry Preliminary Report is available at this link).

Following the publication of the Pharmaceutical Sector Inquiry Preliminary Report on 10 August 2026, the Turkish Competition Authority (“TCA”) held a stakeholder workshop on 21 September 2026 to assess the preliminary findings, observations, and policy recommendations set out in the report. The workshop brought together public institutions, undertakings operating in the pharmaceutical sector, industry representatives, academics, and other stakeholders to evaluate the preliminary findings from different perspectives.

The Preliminary Report examined the competitive structure across the full pharmaceutical supply chain; covering competition issues at the production, market entry and distribution stages including patent protection and market entry strategies, wholesale distribution, and public procurement practices. The Preliminary Report mainly identified atypical infringement risks and exclusivity concerns and competition law risks arising from information exchange in the Public Institution Discount framework.

At the distribution stage in particular, the report addresses the assessment of exclusivity arrangements in vertical agreements and the conditions under which individual exemptions may be granted, making clear that exemptions will not be available on the basis of hypothetical or formulaic efficiency arguments; consumer benefits must be demonstrated concretely and tied specifically to the exclusivity in question. The Preliminary Report sets out targeted recommendations aimed at strengthening the competitive structure of the sector and increasing consumer welfare. The public consultation period remains open, offering industry stakeholders an important opportunity to engage with the TCA on the final recommendations.

Notable Decisions of the Turkish Competition Authority

Antitrust Enforcement

TCA Launched Labour Market Investigation into Automotive Supply Sector: The TCA has initiated a formal investigation into 37 undertakings and two associations of undertakings; TOSB Automotive Supply Specialised Organised Industrial Zone and TAYSAD Automotive Suppliers Association of Türkiye, operating in the automotive supply sector for alleged no-poach agreements and exchange of competitively sensitive information on employee remuneration and other conditions of employment, in violation of Article 4 of Act No. 4054 on the Protection of Competition (“Competition Act”).

The investigation follows a preliminary inquiry into claims that undertakings entered into gentlemen's agreements not to hire each other's employees and exchanged competitively sensitive information on employee remuneration and other conditions of employment through meetings held under the body of TOSB and TAYSAD and various other communication channels.

The investigated undertakings include a number of prominent international automotive suppliers operating in Türkiye, including Autoliv, Benteler, Denso, Toyota Boshoku, Toyotetsu, ZF Sachs, and Aisin, alongside domestic players.

TCA Closed Preliminary Examination into Etsy by Way of Commitments: Following a complaint by Kargopass, a provider of cross-border small parcel intermediation services, the TCA conducted a preliminary examination into Etsy, Inc. and ShipEntegra Teknoloji ve Yazılım Sistemleri Anonim Şirketi over allegations that Etsy granted API integration — which allows order and delivery data to flow automatically to the logistics provider and enables the generation of shipping labels — exclusively to ShipEntegra for newly opened stores in Türkiye, thereby foreclosing rival logistics providers and leveraging its market power in the online sale of handmade and artisan products into the cross-border small parcel intermediation market.

The TCA found no evidence that Etsy and ShipEntegra formed part of the same economic unit or that the API integration agreement contained any restrictive provision or had the object or effect of restricting competition under Article 4. The file as regards ShipEntegra was accordingly closed.

On Etsy, the TCA found significant indications that Etsy may hold a dominant position in the market for online intermediation services for the sale of handmade and artisan products and analysed the conduct as potential secondary-line discrimination under Article 6(2)(b) of the Competition Act.

Without accepting the market definition or acknowledging dominance, Etsy submitted commitments under which it will: (i) issue a request for proposal to all eligible logistics service providers in Türkiye within four months of notification of the decision; (ii) evaluate proposals against defined criteria covering shipment speed, carrier coverage, tracking completeness, cost savings, and other service and brand factors; and (iii) select at least two providers as Preferred Partners (the highest-scoring provider and all providers reaching a defined percentage of that score), with API integration extended to all selected partners. Etsy will also inform sellers that they may continue to work with non-Preferred Partner providers.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

See More Popular Content From

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More