Competition law is a technical and dynamic field that safeguards the healthy functioning of the free market economy and concerns both companies and consumers. Many commercial decisions, from agreements between undertakings in a market to pricing policies, and from mergers and acquisitions to distribution contracts, are subject to assessment under the Turkish Law No. 4054 on the Protection of Competition (Rekabetin Korunması Hakkında Kanun). Overlooking these rules may expose companies to heavy administrative fines calculated on turnover and to lengthy investigation processes. Working with an experienced Izmir competition law lawyer ensures both that commercial decisions are structured in line with the competition rules from the outset and that, when an investigation arises, the defence is conducted in the strongest possible way. As Av. Aydın, we stand by companies at every stage, from the advisory phase to the litigation process.
Our Services as a Competition Law Lawyer
Competition law is a broad field in which the Turkish Law No. 4054 on the Protection of Competition (Rekabetin Korunması Hakkında Kanun) and the secondary regulations of the Competition Authority (its communiqués and guidelines) are applied together, and where economic analysis and legal assessment are intertwined. Our service in this area is not limited to mounting a defence once a dispute has arisen; preventive advice aimed at helping companies structure their day-to-day commercial decisions in compliance with the competition rules is also an important part of our practice. An Izmir competition law lawyer must be able both to assess correctly the conduct of undertakings in the market and to have command of investigation procedure. Our main service and transaction types are the following:
- Agreements restricting competition and cartel investigations: Agreements and concerted practices between undertakings that restrict competition, such as price fixing, market sharing, restricting the quantity of supply or bid rigging, are among the most serious infringements of competition law. Preparing the defence meticulously is of great importance in files involving such allegations.
- Abuse of dominant position: An undertaking holding a dominant position in a market is prohibited from resorting to practices that exclude its competitors or produce results to the detriment of consumers. Conduct such as predatory pricing, discrimination, refusal to deal and tying is examined under this heading.
- Competition Authority investigations and inquiries: Our services include representing the company during the preliminary inquiry and investigation stages, preparing written defences, providing legal support during on-site inspections (dawn raids) and protecting the undertaking's rights at oral defence hearings.
- Merger and acquisition clearances: Mergers, acquisitions and joint-venture transactions exceeding certain turnover thresholds are subject to the clearance of the Competition Authority. We provide support in assessing whether a transaction is notifiable, preparing the notification file and managing the process.
- Vertical agreements and exemption: Distribution, supply and franchise agreements between producers, distributors and dealers must be assessed in terms of the competition rules; whether they benefit from block exemption must be examined with care.
- Competition compliance programmes: Preparing compliance programmes, providing training and drawing up risk maps to bring companies' employees and commercial practices into line with the competition rules are among our preventive services.
- Lawsuits against administrative fines: Filing and conducting actions for annulment before the administrative courts against administrative fines and other decisions issued by the Competition Board is one of our most important practice areas.
- Commitment and settlement processes: In competition law it is possible, under certain conditions, for undertakings to bring an investigation to an end by offering commitments or by pursuing settlement. Assessing and conducting the conditions of these processes requires technical expertise.
- Negative clearance and individual exemption applications: We provide support in applications to the Competition Authority for a determination that an agreement is not contrary to the Law (negative clearance) or for the grant of an exemption where, although it restricts competition, the benefits it provides justify it.
- Interaction with unfair competition and advisory services: Competition law (Law No. 4054) and the unfair-competition provisions under the Turkish Commercial Code operate on different levels; we provide assessment and advice relating to both areas.
In all of these service types, an Izmir competition law lawyer can act both as a preventive adviser who minimises the risk of investigation and as an effective defender once a dispute arises. As Av. Aydın, we believe that assessing a file not only in its legal but also in its economic dimension is decisive for reaching sound outcomes in competition law.
How Does the Competition Authority Investigation Process Work?
The most critical stage of competition law in practice is the inquiry and investigation processes conducted by the Competition Authority. A proper understanding of this process matters for knowing which right must be exercised at which stage. The process generally consists of successive stages.
Preliminary Inquiry Stage
The process most often begins with an application, a complaint or the Competition Authority acting on its own initiative (ex officio). At the preliminary inquiry stage, it is assessed whether there is a suspicion of an infringement; at this stage, information is gathered on the market, the undertakings and the relevant documents. At the end of the preliminary inquiry, the Competition Board may decide that there is no need to open an investigation, or, where there are serious findings, it may decide to open one. At this stage, it is important that the information and documents requested from the undertaking be prepared accurately, completely and with an eye to legal risk; an Izmir competition law lawyer contributes to protecting the company's rights during this process.
On-Site Inspection (Dawn Raid) and Investigation Stage
Competition Authority experts have the power, where necessary, to carry out on-site inspections at the premises of undertakings without prior notice; in practice this is also referred to as a "dawn raid". During such an inspection, company records, correspondence and electronic data may be examined. Obstructing or hindering an on-site inspection is itself subject to sanctions. When an investigation is opened, the undertaking is served with an investigation notice; the undertaking's right to submit a written defence arises and it has the right to access the file. At the end of the investigation, the Competition Board may decide that there is no infringement, that an infringement exists and that an administrative fine is to be imposed, or that any measures deemed necessary are to be taken. At this stage, presenting the defence in a coherent manner supported by evidence is the most critical link in the process.
Exemption, Negative Clearance and Block Exemption
Not every agreement that restricts competition categorically results in prohibition; Law No. 4054 makes it possible for agreements to be granted an exemption where certain conditions are met. A proper understanding of these mechanisms is of great importance for structuring commercial contracts in legal security.
Individual exemption is the exemption from the prohibition of an agreement that appears to restrict competition, on condition that it brings improvements in production or distribution, passes on a benefit to consumers, does not eliminate competition entirely, and does not impose restrictions beyond what is necessary to attain that objective. Block exemption, on the other hand, is the assessment, through communiqués issued by the Competition Authority, of certain types of agreement (for example, vertical agreements) as being generally within the scope of exemption; in this case, undertakings themselves assess whether their agreements satisfy the conditions of the block exemption. A negative clearance application, in turn, secures a determination by the Competition Authority that an agreement, decision or practice is not contrary to the Law. An Izmir competition law lawyer plays a decisive role in assessing a company's contracts in the light of these concepts and, where necessary, in conducting the application process.
Administrative Sanctions and Administrative Fines
Perhaps the most frequently asked question about competition law concerns the sanctions that may be imposed in the event of an infringement. Where an infringement is established under Law No. 4054, undertakings may be subjected to administrative fines calculated on their turnover. The rate of the fine is determined according to the gravity and duration of the infringement and the undertaking's annual gross revenue in the relevant period. For this reason, the monetary consequence of competition infringements can often reach extremely high amounts for companies.
The sanctions in competition law have a high deterrent effect: the fine is calculated not merely on the concrete damage but, depending on the nature and duration of the infringement, on the undertaking's turnover; this in turn heightens the importance of preventive compliance.
Alongside the administrative fine, the Competition Board may also order the termination of the infringement and any structural or behavioural measures deemed necessary to restore competition. In addition, those harmed by a competition infringement may have the right to claim compensation under the general provisions. At this point, an important mechanism is the leniency (pişmanlık) application, which may enable an undertaking that is party to a serious infringement such as a cartel to benefit from a reduction in or immunity from the fine by reporting the infringement to the Authority and cooperating. The timing and conditions of these applications require a technical assessment; an Izmir competition law lawyer assesses which course is in the undertaking's favour according to the particular features of the file.
Izmir Competition Law Lawyer Fees
Competition law lawyer fees are among the first matters companies wonder about at the outset of the process. The most important factor determining the fee is the nature, scope and anticipated workload of the matter. There is a significant difference, in terms of the effort and expertise required, between assessing a contract's compliance with the competition rules and conducting a Competition Authority investigation that may span several years or filing an action for annulment against an administrative fine. The table below has been prepared to offer a general framework regarding fees; it is intended to show the logic and the factors rather than an exact figure.
| Transaction / Service Type |
Main Factors Affecting the Fee |
| Competition law advice / preliminary consultation |
The scope of the issue, the structure of the market and the examination required |
| Contract and compliance assessment |
The number of contracts, the complexity of the distribution network and the exemption analysis |
| Competition Authority investigation defence |
The gravity of the alleged infringement, the volume of the file, and the defence and hearing processes |
| Merger / acquisition clearance application |
The size of the transaction, the number of relevant markets and the scope of the notification file |
| Action for annulment against an administrative fine |
The scope of the Board's decision and the intensity of the legal-brief preparation |
| Legal support during an on-site inspection (dawn raid) |
The urgency of the matter and the current state of the process |
Under no circumstances may legal fees be set below the Minimum Attorneyship Fee Tariff (Avukatlık Asgari Ücret Tarifesi), published every year by the Union of Turkish Bar Associations. This tariff secures the minimum value of the legal service and forms the lower limit of the fee. A fee set above the tariff, on the other hand, is freely agreed according to the particular features of the file, the structure of the market, the effort to be expended and the expertise required. As Av. Aydın, we assess your file in a preliminary consultation and, once the scope has been clarified, provide transparent fee information; committing to a definitive figure without examining the actual matter would not be a sound approach.
A distinction that is frequently confused here also deserves attention. The advisory and attorney's fee paid to the lawyer is the consideration for the legal service and is based on the contract between the company and the lawyer. By contrast, the litigation costs that arise in actions before the administrative courts are items such as court fees, expert fees and other expenses paid to the state or to third parties during the process. These two items are independent of each other. In addition, depending on the outcome of the case, the counterparty attorney's fee that the court may impose on the losing side may also come into play; this fee is a different concept from the fee set in the contract with the lawyer. When working with an Izmir competition law lawyer, discussing these items clearly from the outset prevents surprise costs and makes the process predictable.
Who Is the Best Competition Law Lawyer in Izmir?
One of the most searched questions online is "who is the best competition law lawyer in Izmir". To put it honestly, there is no single "best" lawyer valid for every file. The correct expression is not the "best" lawyer, but the lawyer most suitable for the file. This is because every competition law file has its own particular circumstances, the structure of the relevant market, and the undertaking's position and risks. A lawyer highly experienced in one type of dispute may not display the same expertise in a file of an entirely different nature. For this reason, rather than searching for the "best", it is far sounder to focus on finding the lawyer suited to the requirements of your matter.
Some criteria that can be considered when choosing a good competition law lawyer are the following:
- Experience and area of expertise: The lawyer's accumulated experience in the field of competition law and in matters close to the type of issue in your file is important.
- Command of economic analysis: Competition law requires defining the relevant market and assessing economic effects; working with a lawyer who grasps this dimension provides an advantage.
- Communication and transparency: Working with a lawyer who explains the process in an understandable way, presents a realistic picture and does not make exaggerated promises inspires confidence.
- Accessibility: Being able to reach the lawyer in good time is of critical importance, especially in urgent situations such as an on-site inspection (dawn raid).
- Commitment to professional ethics: A lawyer who makes an honest and realistic assessment should be preferred over one who gives guarantees such as "we will definitely have the fine lifted".
It should be understood that no lawyer can guarantee the outcome in advance in competition law, because the decision depends on the evidence in the file, the structure of the market and the discretion of the Competition Board and the administrative courts. When choosing an Izmir competition law lawyer, opting for one who evaluates your file honestly and explains the possible scenarios openly, rather than one promising you a certain result, will serve your interests in the long run. As Av. Aydın, our approach is to avoid inflated promises and to build the strongest possible defence together with our client by presenting a true picture.
The Importance of Competition Compliance
In competition law, the most effective strategy is often the measures taken before ever facing an investigation. Structuring companies' commercial decisions, pricing policies, relations with competitors and distribution contracts in line with the competition rules prevents both heavy administrative fines and reputational damage. A competition compliance programme ensures that employees know which conduct is risky, that boundaries are maintained in dealings with competitors, and that legal advice is sought in suspicious situations.
Compliance programmes are of critical importance especially for companies that gather with their competitors in the same trade associations, participate in tenders or operate through a wide dealer network. A step taken unknowingly, for example a seemingly innocent price conversation with a competitor, can turn into a serious allegation of infringement. For this reason, we recommend that companies operating in Izmir and the surrounding region carry out a compliance assessment with an Izmir competition law lawyer before a problem arises. Preventive legal support is always less costly and more effective than a defence conducted in the midst of a crisis.
Our Approach as Av. Aydın
Competition law is a technical and dynamic field in which legal assessment and economic analysis are intertwined. The particular circumstances of each file, the structure of the relevant market, the undertaking's position in the market and its risks call for a different legal strategy. As Av. Aydın, we first assess the file as a whole, examine the favourable and unfavourable elements in detail and work from the very start of the process to prevent potential risks.
We support companies in Izmir and the surrounding region at every stage: from assessing the compliance of contracts with the competition rules to preparing compliance programmes, and from defence in Competition Authority investigations to actions for annulment brought against administrative fines. Our aim is not merely to intervene when a problem arises; it is to plan the process in a predictable way and to build a legal strategy that is both preventive and defence-oriented. The losses of rights encountered most often in competition law files stem from contracts made without regard to the competition rules, defences in an investigation not being prepared in time and in full, missed litigation deadlines, and mechanisms such as leniency or commitments not being assessed at the right time.
Facing a competition investigation or being confronted with a high-value administrative fine is a demanding period for companies. Having an experienced legal adviser at your side in this process both protects your rights and keeps the proceedings more predictable and less draining. For any question concerning competition law, whether it involves preventive advice or an investigation or litigation process, you are welcome to contact our office.
