Competition Law and Unfair Competition

Competition Law and Unfair Competition

Competition; is called the economic race between entrepreneurs in a sector of a good or service type. All of the rules regulated in order to protect and develop competition and its returns in the market and to prevent attitudes that distort competition are called Competition Law.
States develop various practices and impose sanctions in order to prevent violations in the field of competition law. Competition law consists of regulations that ensure the balanced and uniform implementation of the competition system in a free market economy. The purpose of competition law; It is to prevent agreements, decisions and practices that prevent, distort or restrict competition in the goods and service markets, and to prevent the companies that dominate the market from abusing this dominance, and to ensure the protection of competition by making the necessary regulations and inspections.

In the process of increasing international trade in the Globalizing World, the need to adapt to new regulations and developments and stay up-to-date due to the increase in sector-based competition, and to be exposed to very serious material and moral sanctions in case of violation have made competition law even more important.
Since Competition Law has become important and result sanctions are effective, it is important that private law actors are carefully informed about the competition rules and act according to these rules in their relations with their competitors, customers and suppliers in order to prevent possible exposure to these sanctions and to intervene correctly in possible problems in the field of competition. As Güneş & Güneş Law Firm, with its 25 years of experience and expertise, with our expert lawyer staff working in the field of Competition Law, it contributes to its national and international clients in the field of competition, unfair competition and in all their processes, with its legal knowledge and experience.

The Main Services Provided by Our Attorney and Law Firm to Domestic and Foreign Clients in Antalya and Turkey in the Field of Competition Law are as follows:

• Advocacy and legal consultancy services in investigations brought before the Competition Board,
• Litigation advocacy service in cases filed in general courts based on competition law legislation,
• Legal consultancy for the preparation of vertical agreements for the establishment of distribution networks such as dealership, agency and exclusive distributorship agreements in accordance with the competition law legislation and the supervision of the prepared agreements,
• Legal consultancy for the preparation of Joint Ventures (joint venture) agreements and horizontal and vertical agreements for various cooperations in accordance with the competition law legislation and auditing of the prepared agreements,
• Within the framework of competition law legislation; Evaluation of whether the transaction creates an obligation to notify the Competition Board before the merger and acquisition process and the possible competition risks after the transaction,
• Preparation of the application in coordination with the client company for the M&A application and obtaining the necessary permission from the Competition Authority, making the preliminary notification application process before the Competition Authority, following the application, in response to the returns from the Competition Board or against the written or verbal information requests of the Board. Legal consultancy and advocacy service in the application process management regarding the preparation and submission of answers and documents,
• Representing our domestic and foreign clients in possible official meetings at the Competition Authority, ensuring the necessary communication with the Competition Authority within the framework of the procedure stipulated in the Law regarding mergers & acquisitions that are under final examination by the Competition Authority, and legal services,
• Taking necessary actions before the Competition Authority regarding mergers & acquisitions between our Law Firm and third parties that affect our domestic or foreign clients; Legal consultancy and advocacy services regarding the application and complaint process to the Competition Board regarding the dominant position and abuse of dominant position,
• Advocacy services regarding negative clearance and individual exemption applications to the Competition Board, execution and follow-up of the process,
• In cases where our clients prefer not to apply for exemption/negative clearance, evaluating the issue in terms of competition law and providing legal consultancy services to the client company,
• Legal consultancy and advocacy services in order to ensure legal security in their relations with the Competition Authority and to minimize the competition risks and compliance of companies with competition law independently of the Competition Authority processes,
• In the preliminary investigations and investigations initiated by the Competition Authority, the primary defense is established and defended in coordination with the company in accordance with the procedure stipulated in the Law. hitting; Providing legal services regarding the preparation of written defenses and the realization of oral defenses during the investigation phase,
• Providing legal consultancy services regarding reconciliation and repentance applications and preparation of application files, Preparing official answers to the written or verbal information requests of the Competition Authority in preliminary research and investigation processes, Representing our customers in meetings to be held with the Competition Authority, Preliminary research on third parties affecting our customers / legal consultancy services and process management in legal works and transactions such as taking initiatives in terms of competition law in investigations,
• In order to ensure the compliance of our clients’ businesses and practices with all kinds of undertakings with competition law; Preparing “Competition Compliance Programs” specific to companies in order to reveal competition law risks in actions and practices, to detect competition violations before they occur, to ensure compliance of companies with competition law and practices, and to institutionalize competition culture within the company organization, in this scope performed or planned realized by companies are as follows;
  • All kinds of market behavior and field applications,
  • Business processes,
  • Campaigns,
  • Pricing,
  • All kinds of agreements, contracts and protocols,
    Internal and external correspondence,

   

• Legal consultancy, legal training, audit and advocacy services in all competition law process managements for the preparation of action and precautionary plans together with the company managers for the identified risks,
• Filing lawsuits on behalf of our clients in administrative courts and the Council of State against the decisions of the Competition Authority, and representation of our clients in cases and holistic advocacy service in the litigation process management,
• Opening a compensation lawsuit based on the decisions of the Competition Authority, Determining whether the act regarding unfair competition is unfair, filing a determination lawsuit, Eliminating the material situation as a result of unfair competition, Correcting these statements if unfair competition is made with false or misleading statements, Receiving precautionary injunction requests regarding unfair competition, If the prevention of infringement regarding unfair competition is inevitable, destruction of vehicles and goods that are effective in the processing of unfair competition, Compensation of damage and loss if there is a fault, Request for pecuniary and non-pecuniary damages in the presence of the conditions stipulated in Article 58 of the Turkish Code of Obligations, Seizure at customs regarding unfair competition, Action for prohibition of unfair competition, lawsuit regarding unfair competition, Lawsuit for material and moral damages regarding unfair competition, Announcement of provision regarding unfair competition, Seizure, confiscation and destruction of unfair competition, Criminal law regarding unfair competition. Legal consultancy and holistic litigation advocacy service in litigation process management,
• Carrying out anti-dumping investigations opened before the Undersecretariat of Foreign Trade or initiated by institutions residing abroad within the framework of preventing unfair competition in imports, forming defenses, representing companies in these investigations and advocacy support until the end of the process.