Attorney-at-Law, Ankara Bar
LL.M. in Public Law
I. INTRODUCTION: THE OVERALL FRAMEWORK OF COMPETITION POLICY IN 2025
The year 2025 marked a period in which high administrative monetary fines, stricter procedural obligations, and behavioural remedies became particularly prominent in the enforcement of Turkish Competition Law. During this period, the Turkish Competition Authority (“TCA”) did not limit its focus to classical cartel and abuse of dominance cases; rather, it adopted a strong and systematic enforcement approach across a broad range of areas, including digital markets, retail and fast-moving consumer goods, labour markets, and on-site inspection procedures.
As of 2025, the TCA’s enforcement policy has been characterised by:
II. MAIN SECTORS SUBJECT TO INVESTIGATIONS INITIATED IN 2025
A. FOOD AND FAST-MOVING CONSUMER GOODS
In 2025, the packaged food and fast-moving consumer goods market was among the sectors most intensively scrutinised by the TCA. In particular, the following practices were closely monitored:
One of the most striking examples in this context is the decision rendered against Frito Lay Gıda Sanayi ve Ticaret A.Ş. (Competition Board Decision No. 25-06/152-78). The Board found that exclusivity arrangements implemented at retail points of sale in the packaged chips market effectively prevented rival brands from accessing the market and, on this basis, imposed an administrative monetary fine of approximately TRY 1.365 billion pursuant to Article 4 of Law No. 4054.
This decision clearly demonstrates that practices at the retail level are no longer assessed merely as vertical relationship issues, but rather as serious competition infringements giving rise to market foreclosure effects.
B. DIGITAL MARKETS AND PLATFORM ECONOMIES
The year 2025 was also one of the most active periods for the TCA in terms of digital advertising technologies and platform economies. Within this scope, the Authority conducted in-depth analyses—particularly under Article 6 of Law No. 4054—in relation to:
The most notable decision of the year in this area was the ruling against Google (Competition Board Decision No. 24-53/1180-509). The Board determined that Google had abused its dominant position in the advertising technologies market by leveraging its ecosystem to the detriment of competing advertising services, and consequently imposed an administrative monetary fine of approximately TRY 2.6 billion.
This decision illustrates the extent to which the TCA closely monitors ecosystem integration, data advantages, and vertical foreclosure effects in digital markets.
C. LABOUR MARKETS
From the perspective of Turkish Competition Law, 2025 can be regarded as the year in which labour markets were permanently integrated into the scope of enforcement. The TCA explicitly classified the following practices as competition law infringements:
This approach is particularly significant in that it confirms the TCA’s willingness to extend competition law protection beyond goods and services markets to labour markets, within the scope of Law No. 4054.
III. INVESTIGATIONS CONCLUDED AND SANCTIONS IMPOSED IN 2025
A. HIGH ADMINISTRATIVE MONETARY FINES
A substantial portion of the administrative monetary fines imposed in 2025 were based on:
In this context, the decision concerning BİM Birleşik Mağazalar A.Ş. is of particular importance. The Competition Board qualified the deletion of data during an on-site inspection as an independent procedural infringement under Article 16 of Law No. 4054 and imposed an administrative monetary fine of TRY 1,295,902,606.94 (Decision date: 6 February 2025).
This decision confirms that procedural obligations—particularly those relating to on-site inspections—are no longer regarded as ancillary matters, but rather as core competition law obligations carrying a high sanction risk.
B. COMPETITION INFRINGEMENTS IN SECTORAL AND REGIONAL MARKETS
Investigations conducted in sectors such as ready-mixed concrete, cement, bottled water, and durable consumer goods further revealed the TCA’s sensitivity to competition infringements in local and regional markets. These cases predominantly concerned allegations of:
In this respect, the ready-mixed concrete sector decision (Competition Board Decision No. 24-31/726-308) stands out. The Board found that undertakings active in regional markets had engaged in collective price-setting, customer allocation, and the exchange of competitively sensitive information, and imposed administrative monetary fines totalling approximately TRY 120.6 million pursuant to Article 4 of Law No. 4054.
Similarly, in the bottled water sector, the Board concluded in Decision No. 25-16/377-175 that competition had been restricted through the exchange of sensitive information among competitors, resulting in administrative monetary fines of approximately TRY 26 million.
Furthermore, in Decision No. 25-18/433-202, which addressed the ready-mixed concrete and aggregate markets jointly, the Board also considered collective wage-setting practices alongside price fixing and customer allocation, and imposed administrative monetary fines of approximately TRY 71.8 million.
These decisions demonstrate that the TCA pursues a robust and consistent enforcement policy not only at the national level, but also in local and regional markets, and that labour market-related conduct is increasingly assessed alongside traditional competition infringements.
IV. SETTLEMENT AND COMMITMENT MECHANISMS: THE MATURATION OF PRACTICE IN 2025
In 2025, settlement and commitment mechanisms evolved from exceptional tools into systematically applied enforcement instruments.
In particular, settlement procedures were applied in cases involving:
thereby shortening investigation timelines and resulting in reductions in administrative monetary fines.
In this context, the decision concerning Fakir Elektrikli Ev Aletleri Sanayi ve Ticaret A.Ş. constitutes a concrete example of the effective use of the settlement procedure, whereby a 25% reduction in the administrative monetary fine was applied and the investigation was concluded.
V. MERGERS AND ACQUISITIONS: CONDITIONAL CLEARANCE AND COMMITMENT-BASED REMEDIES
In 2025, merger control reviews predominantly focused on transactions in the fields of:
Rather than granting unconditional clearance, the TCA increasingly favoured conditional clearance decisions based on behavioural commitments, aiming to mitigate structural competition concerns.
A prominent example is the transaction concerning the acquisition of sole control over Kartek Holding A.Ş. by Param Holdings International Coöperatief U.A. (Competition Board Decision No. 24-56/1241-531). To address data-driven competition concerns in the payment services infrastructure market, the Board granted conditional clearance subject to commitments such as the separation of the management boards of KARTEK and the PARAM group, restrictions on access to strategic customer data, and the prohibition of discriminatory practices vis-à-vis third parties.
This decision reflects the TCA’s preference for a “regulation rather than prohibition” approach in merger control as of 2025.
VI. LEGISLATION, GUIDELINES AND INSTITUTIONAL DEVELOPMENTS
The year 2025 was also marked by the TCA’s efforts to steer enforcement through secondary legislation and guidelines.
In this respect, the Regulation on Administrative Monetary Fines for Restrictive Agreements, Concerted Practices and Decisions, and Abuse of Dominance, which entered into force following its publication in the Official Gazette dated 27 December 2024 (No. 32765), significantly strengthened the framework for fine calculation in 2025 by requiring a more explicit justification of the nature of the infringement and its anticompetitive effects.
Furthermore, with the Communiqué No. 2025/3, published in the Official Gazette dated 4 October 2025 (No. 33037), amendments were introduced to the Communiqué on the Right of Access to the File and the Protection of Trade Secrets (Communiqué No. 2010/3), clarifying procedural rules regarding file access, confidentiality, and the protection of commercially sensitive information.
In addition, the TCA’s guidance on labour markets has provided undertakings with clearer benchmarks regarding the competition law risks associated with no-poach agreements and wage-fixing practices.
VII. GENERAL ASSESSMENT AND OUTLOOK FOR 2026
As of 2025, Turkish Competition Law enforcement has been shaped by:
Accordingly, it is expected that the TCA will maintain its active and interventionist stance in 2026, particularly with respect to digital platforms, retail and fast-moving consumer goods, and on-site inspection practices.
Final Remarks
The year 2025 represents a period in which compliance under competition law is no longer expected merely in a formal sense, but rather in a substantive and operational manner. For undertakings, it has become inevitable to subject not only contractual arrangements, but also day-to-day business practices, dealer relationships, human resources policies, and digital strategies to a comprehensive competition law compliance review.
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