{"id":155090,"date":"2026-02-19T09:34:07","date_gmt":"2026-02-19T06:34:07","guid":{"rendered":"https:\/\/paksoy.av.tr\/?p=155090"},"modified":"2026-02-19T09:42:10","modified_gmt":"2026-02-19T06:42:10","slug":"turkish-competition-law-newsletter-2026-winter-issue","status":"publish","type":"post","link":"https:\/\/paksoy.av.tr\/en\/2026\/02\/turkish-competition-law-newsletter-2026-winter-issue\/","title":{"rendered":"Turkish Competition Law Newsletter – 2026 Winter Issue"},"content":{"rendered":"\r\n

Introduction<\/strong><\/p>\r\n\r\n\r\n\r\n

Welcome to the 2026 Winter edition of the Paksoy Turkish Competition Law Newsletter series. The Turkish competition landscape keeps evolving, with significant enforcement actions and novel precedents emerging regularly. This issue offers a concise yet comprehensive overview of the most important developments shaping antitrust practice in T\u00fcrkiye. We cover recent amendments to the Turkish merger control regime, the Turkish Competition Authority\u2019s (the \u201cAuthority<\/strong>\u201d) latest merger control statistics, gun-jumping enforcement in technology transactions, self-preferencing concerns in vertically integrated markets, self-preferencing allegations in the postal and courier services market, and asset transfer acquisitions in the aviation fuel sector.<\/p>\r\n\r\n\r\n\r\n

We start by examining the recent amendments to Communiqu\u00e9 No. 2010\/4 introduced by Communiqu\u00e9 No. 2026\/2, which entered into force on 11 February 2026. These amendments bring significant changes to the Turkish merger control regime, including increased turnover thresholds, a refined framework for technology undertakings, clarified definitions of key concepts and a simplified Standard Notification Form. We then review the Authority’s 2025 Merger Control Outlook Report, which reveals record-breaking transaction volumes and historic highs in transaction values. The Authority reviewed 416 merger and acquisition transactions in 2025, representing the highest number in thirteen years. Total transaction values reached TRY 466 billion for domestic targets, the highest recorded since the Authority began publishing these reports.<\/p>\r\n\r\n\r\n\r\n

From there, we turn to the Turkish Competition Board\u2019s (the \u201cBoard<\/strong>\u201d) MTG Gaming decisions, a trilogy of enforcement actions that underscore the Authority’s intensifying stance against gun-jumping violations. These decisions involve three separate acquisitions of gaming companies completed without prior notification. They highlight critical compliance challenges for acquirers of technology undertakings, particularly the technology undertaking exception that can trigger filing obligations even where target companies have minimal Turkish turnover.<\/p>\r\n\r\n\r\n\r\n

On the abuse of dominance front, we analyse the Board\u2019s Mars decision, a landmark case addressing self-preferencing concerns in the film screening and distribution sectors. This decision carries significant weight for vertically integrated undertakings across all industries. It establishes that equal treatment of affiliated and independent counterparties must be demonstrated through objective, verifiable standards. The behavioural commitments accepted by the Board, including capacity allocation rules and objective continuation criteria, reflect the growing sophistication of remedy design in Turkish competition enforcement.<\/p>\r\n\r\n\r\n\r\n

We continue with another self-preferencing case, examining the Board\u2019s decision concerning Trendyol and Hepsiburada, which addresses self-preferencing allegations in the postal and courier services market by leveraging dominance in the e-marketplace. It provides important guidance on the competitive dynamics between vertically integrated e-marketplace operators and their affiliated logistics services.<\/p>\r\n\r\n\r\n\r\n

Finally, we turn to the Board’s THY Opet\/Shell decision, which provides important guidance on the circumstances under which asset transfers constitute acquisitions subject to merger review. The decision confirms that transfers resulting in a change of control fall within the scope of merger notification requirements, even where no share transfer occurs or where the transferred assets do not constitute a distinct legal entity. It also illustrates the Board\u2019s methodology in defining relevant markets in infrastructure-intensive sectors such as aviation fuel.<\/p>\r\n\r\n\r\n\r\n

In summary, this Winter Issue provides a comprehensive overview of the most significant recent developments and landmark decisions shaping the competitive landscape in T\u00fcrkiye. We trust that readers will find this edition both informative and of practical value.<\/p>\r\n\r\n\r\n\r\n

Togan Turan<\/em><\/strong><\/p>\r\n\r\n\r\n\r\n\r\n\r\n

Turkish Merger Control Update: Communiqu\u00e9 No. 2010\/4 Amended with Increased Thresholds and Streamlined Filings<\/strong><\/h2>\r\n\r\n\r\n
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On 11 February 2026, the Turkish Competition Authority (the \u201cAuthority<\/strong>\u201d) published Communiqu\u00e9 No. 2026\/2 Amending the Communiqu\u00e9 on Mergers and Acquisitions Calling for the Authorisation of the Competition Board (the \u201cAmending Communiqu\u00e9<\/strong>\u201d or \u201cCommuniqu\u00e9 No<\/strong>. 2026\/2<\/strong>\u201d), introducing new rules to the Turkish merger control regime[1]<\/sup><\/a>. The amendments include an increase in turnover thresholds triggering the requirement for obtaining approval in merger and acquisition transactions, introduces substantive changes to the \u2018technology undertaking\u2019 exception, which provides a different turnover threshold rule for acquisitions of undertakings active in certain critical sectors, refines the definition of \u201ctransaction party\u201d<\/em>, and simplifies the Standard Notification Form. These changes are expected to have far-reaching implications for both domestic and international transactions.<\/p>\r\n\r\n\r\n\r\n

The amendments entered into force on the date of publication and the key amendments introduced by Communiqu\u00e9 No. 2026\/2 are summarised below:<\/p>\r\n\r\n\r\n\r\n

Increase in Turnover Thresholds<\/strong><\/p>\r\n\r\n\r\n\r\n

The principal amendment introduced by Communiqu\u00e9 No. 2026\/2 is the increase of the turnover thresholds triggering the approval of the Turkish Competition Board (the \u201cBoard<\/strong>\u201d) approval. According to the Authority, the turnover thresholds applicable to notifiable transactions were updated in light of changes in various macroeconomic indicators. Accordingly, the individual threshold, previously TRY 250 million (approximately USD 6.3 million and EUR 5.6 million), has been increased to TRY 1 billion (approximately USD 25.3 million and EUR 22.3 million); the Turkish turnover threshold of TRY 750 million (approximately USD 19 million and EUR 16.8 million) has been increased to TRY 3 billion (approximately USD 76 million and EUR 67.1 million) and the worldwide turnover threshold of TRY 3 billion has been increased to TRY 9 billion (approximately USD 227.9 million and EUR 201.2 million).<\/p>\r\n\r\n\r\n\r\n

As a result, a transaction resulting in a change of control must be notified in T\u00fcrkiye if one of the following alternative turnover thresholds under Article 7(1) of Communiqu\u00e9 No. 2010\/4 is met:<\/p>\r\n\r\n\r\n\r\n