NEWS & INSIGHTS

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May 2025 – April proved to be another busy month for the Turkish Competition Authority (“TCA”), demonstrating its continued commitment to active enforcement. From significant merger control decisions, such as the conditional clearance of Tofaş’s acquisition of Stellantis’ Turkish subsidiary with unprecedented conditions, to ongoing scrutiny of sectors like cement and ready-mixed concrete, the TCA’s April agenda was packed. This issue of Quick Read dives into these key developments, providing you with a concise overview of the most important happenings in Türkiye’s competition law landscape during the past month.

Dive into April case updates

1. Tofaş’s acquisition of Stellantis cleared with historic commitments

The TCA granted its long-awaited approval of the acquisition by Turkish carmaker Tofaş of the Turkish distribution business of international carmaker Stellantis. As a result of the decision, all sales and distribution rights of the Peugeot, Opel, Citroën, Fiat, Jeep, Alfa Romeo, DS and RAM brands in Türkiye are now united under the umbrella of Tofaş. The approval marks a landmark decision in TCA history by conditioning the clearance on a binding investment commitment. This is the first time that the TCA has tied merger approval to such a requirement, signalling a shift toward a broader interpretation of consumer welfare that includes investment considerations.

The commitment includes an investment plan aimed at expanding Tofaş’s production and export capacity, safeguarding local manufacturing, and enhancing employment. Additional commitments related to distribution and sales channels were also accepted to prevent anti-competitive effects, such as limiting consumer choice or disadvantaging rival brands.

2. Sahibinden to enable data portability on its platform

Following an investigation into allegations that Sahibinden—a leading online classifieds platform in Türkiye that primarily facilitates the buying and selling of real estate and vehicles—abused its dominant position by restricting data portability on its online platform, the TCA has imposed an obligation requiring Sahibinden to establish an infrastructure that enables users to transfer and update their data on rival platforms. As part of its commitments, Sahibinden has agreed to implement an Application Programming Interface (API) system designed to allow users to easily and efficiently transfer their data to other platforms.[1]

3. Packaged water producers face fines

Following an investigation into the exchange of competitively sensitive information in the packaged water sector, Erikli Su and Pinar Su were found to have violated competition laws.[2] As a result, Erikli Su was fined approx. TRY 21 million (approx. EUR 481,882), while Pinar Su was fined approx. TRY 4.9 million (approx. EUR 100,981). Notably, Pinar Su benefited from a mitigating factor under the new regulations, which adjusted the fine due to the inclusion of overseas sales revenues in the turnover used as the fine’s basis.

4. Obstruction of on-site inspections: TCA publishes two new decisions

The TCA published two reasoned decisions in April concerning the obstruction of on-site inspections, an issue that remains a recurring theme in its enforcement agenda. The first decision involved the deletion of WhatsApp messages, one of the most common grounds for obstruction findings.[3] In the second case, an administrative fine was imposed after company employees refused to allow TCA officials to conduct the inspection.[4]

A dissenting opinion included in the decision argued that the company should not be held liable for the actions of its employees, citing the ongoing concordat restructuring process and the weakened employer-employee relationship during that period.

5. Cement and ready-mixed concrete sector face fine

The TCA announced that two investigations concerning the cement and ready-mixed concrete sectors concluded and also published a reasoned decision related to the same sector. As a result of these three separate investigations, administrative fines were imposed on a total of 12 undertakings.

• Edirne ready-mixed concrete producers:[5] Ready-mixed concrete producers operating in Edirne were fined for alleged price-fixing agreements, allocation of customers, and exchange of information. As a result of the investigation, three undertakings have settled with the TCA and were fined approx. TRY 10.2 million (approx. EUR 233,451).[6]
• Hatay cement and ready-mixed concrete producers:[7] Cement and ready-mixed concrete producers operating in Hatay were fined for alleged price-fixing agreements and allocation of customers. As a result of the investigation, six undertakings were penalised, four of which reached a settlement with the TCA. The total fine amount is approx. TRY 111 million (approx. EUR 2.5 million).
• Adana ready-mixed concrete producers:[8] Ready-mixed concrete producers operating in Adana were fined for alleged price-fixing agreements and allocation of customers and territories. As a result of the investigation, three undertakings were penalised, two of which reached a settlement with the TCA. The amount of the fine for the settled undertakings was not published, whereas an administrative fine of approx. TRY 6.6 million (approx. EUR 150,103) was imposed on the undertaking that did not reach a settlement with the TCA.
  
  

New investigations and oral hearings announced

Investigations:

• Sea pilot and tugboat sector under scrutiny:[9] Six undertakings operating in the sea pilot and tugboat sector are under investigation for allegedly entering into agreements with competitors that restrict competition, thereby hindering the activities of other competitors and foreclosing the market.

• Battery producer Varta faces competition probe:[10] German battery producer Varta is under investigation for alleged resale price maintenance and restrictions on territory, customers, and online sales.

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