Competition Law

Strategic, preventive and commercially focused consultancy in competition law

Competition law is considered by most companies as an area that only comes to the fore when an investigation or sanction risk arises. However, effective competition law consultancy; It starts at the design stage of the pricing policy, gains meaning in the first draft of distribution agreements, and demonstrates its function before industry meetings.

A compliance approach disconnected from the operational context is not sufficient for companies operating in sectors where competition law sanctions are concentrated, especially in retail, energy, pharmaceuticals, automotive, telecommunications, e-commerce and logistics. Çetin Law Office positions legal risk identification within the commercial strategy by evaluating the commercial reality and market dynamics of its clients in a holistic manner.

The practical result of this approach is not only to bring contracts into compliance with legislation; It is to place the company's market behavior, commercial communication and decision-making structure on a defensible, sustainable and safe basis in terms of competition law.

Competition Law Compliance Programs and Legal Infrastructure

Companies' competition law risks arise largely in daily operations: relationships established by sales teams with dealers and distributors, price recommendations, exclusivity arrangements, information shared with rival companies on the same industry platforms. Being aware of these risks is easier than managing them; Managing is much more valuable than detecting.

Çetin Law Office provides consultancy on the creation of internal competition compliance policies, review of existing contracts and procedures, identification of risky practices and preparation of action plans. Legal infrastructure studies; It is supported by in-company training and workshops tailored for different stakeholders, from board members to sales and purchasing teams.

Competition compliance programs are one of the most effective tools in preventing legal risks, regardless of sector size. Competition BoardIt should not be forgotten that the company also takes into account the existence of the company's compliance infrastructure during its investigation processes.

Competition Law in Distribution, Dealership and Distributorship Agreements

The legal structure of distribution relationships not only shapes the market access strategy of companies, but also poses critical risks in terms of competition law. Exclusive territory allocations, resale price mechanisms, passive sales restrictions, competitive product bans, online sales restrictions and loyalty discounts; These are issues that need to be managed meticulously both in structuring new contracts and in maintaining existing relationships.

Çetin Law Office provides legal support in the preparation, revision and negotiation processes of distribution, franchise, distributorship and dealership agreements within the framework of the Block Exemption Communiqué on Vertical Agreements No. 2002/2. It is ensured that the contract structure both serves the client's commercial goals and complies with the exemption conditions. Preparation of individual exemption or negative determination applications, when necessary, also forms an integral part of these services. For comprehensive advice on commercial contracts Contract Law You can review our page.

Individual Exemption, Negative Determination and Permit Applications

Not every contractual restriction directly limits competition; Not every competition restriction is against the law. The individual exemption regime allows, under certain conditions, practices that contribute to economic efficiency, consumer benefit or technological development to be carried out with an assurance recognized by the Competition Board.

Çetin Law Office carries out individual exemption applications, negative determination requests and related permit processes within the scope of vertical agreements, licensing structures, technology transfer applications and strategic collaborations. In these applications, the economic justification of the business model, market conditions, impact on competition and benefits provided to the consumer are evaluated holistically; The commercial structure is placed on a defensible basis, both operationally and legally.

Competition Risks Related to Technology Transfer, Licensing and Intellectual Property

Technology transfer, know-how sharing, software licensing, transfer of intellectual property rights and joint development projects; It requires special consideration in areas where competition law and intellectual property law intersect. Exclusivity clauses, usage limitations, regional restrictions, production limits, back-licensing obligations and non-competition clauses in these agreements create an increasing risk area in both software and technology sectors.

Çetin Law Office provides contract consultancy and structuring services that comply with competition law in technology transfer, license agreements and joint development projects. Establishing the correct balance between the protection of intellectual property rights and competition law obligations is a prerequisite for the legally secure realization of innovation, investment and commercial cooperation targets.

Competition Authority investigations, on-site inspections and administrative litigation processes

Investigations carried out by the Competition Authority constitute the most decisive dimension of Türkiye's competition law enforcement agenda. High administrative fines, mandatory behavioral obligations and reputational effects created by public findings make it necessary for investigation processes to be managed in a professional, coordinated and strategic manner.

Cartels, Horizontal Agreements and Concerted Actions

Price determination, market and customer sharing, coordination of production quantities and collusion in tenders; They constitute the categories of violations that are met with the heaviest sanctions within the scope of Article 4 of the RKHK. The exchange of sensitive commercial information between competitors — without an explicit agreement — may be considered within the scope of concerted practice; This situation also makes sector associations, joint working groups and sectoral meetings potential risk areas.

Çetin Law Office represents its clients in the formulation of defense strategy, execution of economic and legal analysis, evidence management and preparation of written and oral defenses before the Competition Board in investigations within the scope of cartel allegations and horizontal agreements. Evaluations regarding the leniency program are also considered as a necessary component of the process.

Abuse of Dominant Position

Practices of companies that are dominant or have a strong position in certain markets, which can be considered as ordinary competitive behavior, may be subject to special examination within the scope of Article 6 of the RKHK. Predatory pricing, price compression, exclusivity agreements, loyalty discounts, refusal to supply, tying practices and behaviors that make it difficult for competitors to access the market; It carries different levels of risk depending on market share and structure.

Çetin Law Office provides market definition and market power analysis, legal evaluation of commercial practices, defense strategy and representation services before the Competition Authority in dominant position investigations. Pre-evaluation of the pricing, discount, supply and distribution policies of companies that carry the risk of a dominant position is also considered in this context as a critical dimension of preventive consultancy.

Competition Law Assessment and Notification in Mergers and Acquisitions

The competition law dimension in merger and acquisition transactions is one of the basic components of transaction security. Failure to establish the notification obligation in a timely manner may lead to the suspension of the closing for an indefinite period or to administrative fines expressed in a significant percentage of turnover; Therefore, competition law assessment should not be left to the late stages of the transaction process.

Çetin Law Office provides legal counsel on pre-transaction competition law assessment, determination of notification obligation, preparation and management of Competition Authority applications, and structuring of closing conditions in transaction documents. Our comprehensive services regarding mergers and acquisitions and corporate law Practice Areas You can reach us from our page.

On-Site Inspection, Investigation Defense and Sector Investigations

The Competition Authority's on-site inspection authority can have serious consequences for unprepared companies. Examination teams' document and digital data scans, employee statements and correspondence records; It may become decisive evidence during the defense process.

Çetin Law Office represents its clients in on-site examination processes, investigation phase, responses to information and document requests and sector research. Preparation before on-site examination, informing relevant employees about the process, evidence management and proper communication with the Competition Authority; They are indispensable elements for completing these processes while protecting company interests.

Our evaluations of the Competition Authority's current practice trends and Board decisions Publications You can reach us from our page.

Administrative Jurisdiction Against Competition Board Decisions

Competition Board decisions; It may include administrative fines, mandatory behavioral changes and public determinations whose amounts may sometimes exceed hundreds of millions. The legality of these decisions in terms of procedure, evidence evaluation, economic analysis, right to defense and proportionality principle; may be audited by administrative courts.

Çetin Law Office provides legal services in the preparation of petitions, stay of execution requests, presentation of economic and legal arguments, expert and expert opinion processes and the integrated management of the administrative trial strategy in annulment cases to be filed against the Competition Board decisions. provides representation services. For our comprehensive services regarding dispute resolution Dispute Resolution You can review our page.

Unfair competition disputes and non-competition violations

Scope of competition law; It extends beyond the scope of application of Law No. 4054 to a much broader field of commercial disputes, including the provisions of the Turkish Commercial Code regarding unfair competition and obligations arising from employment contracts.

Unfair Competition Disputes Within the Scope of TCC

The provisions of the Turkish Commercial Code regarding unfair competition constitute the legal basis for many commercial disputes that companies have with their competitors, former employees, dealers or suppliers. Misleading statements, unlawful use of the customer network, disclosure of trade secrets, counterfeit or misleading products, reputation-damaging behavior and contractual non-competition violations are evaluated within this scope.

Çetin Law Office provides advocacy and representation services to its clients in unfair competition claims, from warning processes to evidence determination, from injunction requests to compensation cases. Unfair competition cases are pursued before the Commercial Courts of First Instance or the Intellectual and Industrial Property Rights Civil Courts, depending on the nature of the dispute.

Non-Competition and Trade Secret Disputes Arising from Employment Contracts

non-competition clauses, confidentiality covenants and client portfolio restrictions in executive and key employee agreements; It often becomes a matter of dispute after the termination of a business relationship. The former employee moves to a rival company, carries customer relations with him or transfers company-specific information; It creates complex disputes at the intersection of labor law, commercial law and competition law.

Çetin Law Office provides consultancy to both companies and managers in the preparation of non-competition agreements within the framework of the TBK and the evaluation of their validity conditions, warning and evidence determination processes, legal follow-up of violation allegations, compensation cases and defense processes.

Approach of Çetin Law Office

Competition law has emerged from the pure issue of legislative compliance; It has become a strategic legal field that directly intersects with market strategy, corporate governance and company reputation. Competition Board decisions and implementation trends in Türkiye continue to be a serious source of operational and financial risks for both domestic and foreign capital companies.

Çetin Law Office, with its offices in Izmir and Istanbul, has extensive experience in competition law processes in the retail, energy, pharmacy, automotive distributorship, technology and logistics sectors. The scope of services ranges from compliance consultancy to investigation defense, from merger notifications to administrative justice; It is shaped by the understanding of evaluating competition law together with its commercial dimension.

In every process, the goal is the same: to protect the client's commercial integrity and market position on a legal, sustainable and strategic basis. For legal evaluation regarding your competition law processes you can contact.