ELIG Gürkaynak Attorneys-at-Law is an eminent, independent Turkish law firm based in Istanbul. The firm was founded in 2005. ELIG Gürkaynak is committed to providing its clients with high-quality legal services. We combine a solid knowledge of Turkish law with a business-minded approach to develop legal solutions that meet the ever-changing needs of our clients in their international and domestic operations. Our legal team consists of 90 lawyers. We take pride in being able to assist our clients in all fields of law. Our areas of expertise particularly include competition law, corporate law, M&A, contracts law, white collar irregularities and compliance, data protection and cybersecurity law, litigation and dispute resolution, Internet law, technology, media and telecommunications law, intellectual property law, administrative law, real estate law, anti-dumping law, pharma and healthcare regulatory, employment law, and banking and finance law.
Horizontal agreements are restrictive agreements between competitors that operate at the same level of the production/distribution chain.
TurkeyCompetition and Antitrust
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Horizontal agreements are restrictive agreements between competitors that operate at the same level of the production/distribution chain. Horizontal agreements that have as their object or effect or likely effect of the prevention, distortion or restriction of competition directly or indirectly constitute per se violations. Article 4 of The Law on the Protection of Competition No. 4054 (the “Competition Law”) directly prohibits them.
The most significant and common types of anti-competitive horizontal agreements include price fixing, bid-rigging, market allocation/sharing and refusal to deal (group boycotts). Such horizontal agreements usually take the form of a cartel, which is explained in a separate sub-category.
Below is a chart that consolidates the most common types of per se Article 4 violations on a non-exhaustive basis:
Horizontal agreements for the exchange of competition-sensitive information may, depending on circumstances, qualify as anti-competitive horizontal agreements and fall under Article 4 of the Competition Law. Whether an agreement is legally binding is irrelevant in scope of the competition law assessment;
a non-binding understanding between direct competitors may, depending on circumstances, amount to a restrictive horizontal agreement.
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ELIG Gürkaynak Attorneys-at-Law is an eminent, independent Turkish law firm based in Istanbul. The firm was founded in 2005. ELIG Gürkaynak is committed to providing its clients with high-quality legal services. We combine a solid knowledge of Turkish law with a business-minded approach to develop legal solutions that meet the ever-changing needs of our clients in their international and domestic operations. Our legal team consists of 90 lawyers. We take pride in being able to assist our clients in all fields of law. Our areas of expertise particularly include competition law, corporate law, M&A, contracts law, white collar irregularities and compliance, data protection and cybersecurity law, litigation and dispute resolution, Internet law, technology, media and telecommunications law, intellectual property law, administrative law, real estate law, anti-dumping law, pharma and healthcare regulatory, employment law, and banking and finance law.
