In today’s free market economy, as the diversity of economic activities continues to expand, the significance of competition law is becoming increasingly evident. Adapting to rapidly evolving technological and economic dynamics, competition law continues to develop with new concepts emerging every day. At Erdem & Erdem, we adopt a client-oriented approach while closely monitoring these dynamic changes.

Ercüment Erdem, Founder and Senior Partner of Erdem & Erdem, leads the Competition and Compliance Unit with his extensive knowledge and experience in competition law. Our team, possessing a high level of expertise in the field, provides strategic legal counsel to clients on the competition law aspects of mergers and acquisitions, abuse of dominant position, and competition compliance programs.

Our Competition & Compliance team diligently addresses the evolving legal needs of clients facing complex and unpredictable competition law challenges within the intricate economic landscape. We offer comprehensive and comparative legal support from both European Union and Turkish competition law perspectives in competition investigations, the implementation of compliance programs, mergers and acquisitions, and the structuring of all types of contracts and franchise systems.

Execution of Processes within the Scope of Competition Investigations

Recognizing that all companies operating in Turkey may be subject to competition investigations from time to time, we acknowledge the critical importance of being well-prepared for such inquiries and having access to the most competent legal assistance at crucial moments. Our team effectively represents clients in all types of competition investigations by combining its extensive experience in competition law with deep knowledge of sector-specific regulations, ensuring comprehensive legal support at every stage of proceedings before the Competition Authority. Additionally, we meticulously manage the legal process by safeguarding our clients' rights in all phases of litigation against the Competition Authority’s decisions.

At Erdem & Erdem, we firmly believe that identifying the right legal strategy is a key differentiating factor in investigations involving various allegations, including concerted practices, price fixing, and horizontal and vertical agreements that impose territorial or customer restrictions. Given the complexity of competition law, the prevalence of technical analyses, the difficulty of providing clear-cut, predictable answers, and the necessity of assessing each case based on its unique dynamics, competition investigations require a highly nuanced approach. Accordingly, ensuring that all relevant aspects are accurately and comprehensively presented before the Competition Authority is a decisive factor in determining the outcome.

Abuse of Dominance

Dominant undertakings hold a pivotal position in their respective industries, shaping key market dynamics. Due to their substantial market power, these companies are subject to close scrutiny by competition authorities and bear specific legal responsibilities under competition law. At Erdem & Erdem, through our preventive legal consultancy approach, we assist our dominant undertaking clients in managing the legal risks associated with their market position and provide them with strategic solutions. These companies, often possessing extensive distribution networks or serving millions of customers, engage in complex legal relationships with various undertakings and frequently operate in highly regulated markets. Particularly in banking, energy, and telecommunications, where regulations are complex, frequently changing, and highly stringent, competition law risks are significantly heightened.

Given that even the slightest commercial action taken by our dominant undertaking clients may lead to numerous complaints before competition authorities, we place the utmost importance on safeguarding their legal security. Accordingly, it is crucial that dominant undertakings conduct all their activities under a heightened duty of care. Our competition team, fully aware of this responsibility, aims to develop a profound understanding of our clients’ corporate cultures and business models, ensuring that our legal guidance is as tailored and effective as possible. Our objective is not to unnecessarily constrain the operations of our dominant undertaking clients; rather, leveraging our extensive experience, we provide clear and strategic guidance on what actions should be taken and how they should be implemented, ensuring compliance while enabling them to operate efficiently within the framework of competition law.

Mergers and Acquisitions

At Erdem & Erdem, we leverage our extensive experience in private law to effectively navigate competition law processes in mergers and acquisitions (M&A). Just as in every stage of an M&A transaction, obtaining the necessary competition law approvals must be conducted with the same level of diligence and precision. Today, concepts such as the establishment and structuring of joint ventures, relationships involving mutual control within strategic partnerships, and the risk of information exchange in the transfer of minority shares have become increasingly prominent in the decisions of the Competition Authority. Accordingly, rather than managing M&A transactions through a standardized approach, structuring them from the outset in compliance with competition law yields far more efficient and legally sound results. If a transaction becomes subject to an extensive and time-consuming review by competition authorities at its final stage, or if it is negatively portrayed in the media, the anticipated benefits of the transaction could be significantly undermined.

The primary objective of our competition team is to eliminate uncertainties that could increase costs or pose reputational risks for our clients in the eyes of financial institutions and business partners before they even arise. In this regard, we ensure that M&A processes are structured correctly from the outset within a competition law framework and proactively manage potential legal risks, providing our clients with strategic legal guidance throughout the transaction.

Compliance and Educational Programs in Competition Law

The innovative perspective provided by our academic research serves as one of the most significant driving forces propelling our institution forward. In this context, we transform the insights gained from academic studies into creative and strategic legal solutions, offering them to the benefit of our clients. In the ever-evolving field of competition law, which continuously expands with new concepts, we closely monitor technological and economic developments. Additionally, we meticulously follow recent court decisions, doctrinal debates, and global advancements in European Union and U.S. legislation, which serve as key sources for Turkish competition law.

To provide the most effective guidance to our clients, we have developed the Erdem & Erdem Competition Compliance Program, designed to align with the dynamic nature of competition law. This program addresses the distinct characteristics of competition law in line with the specific needs of each company, ensuring that businesses are not overly restricted while simultaneously minimizing legal uncertainties and establishing a secure operational framework. Our primary objective within this program is to implement a practical and sustainable compliance system tailored to the unique business operations of each company. By doing so, our clients perceive competition law compliance not as a mere obligation but as an integral component of corporate governance and company policy.