Competition & Antitrust

Considering the increase in diversity of today’s free market system’s economic facilities, the competition law appears as a field growing in importance. As Erdem & Erdem we adopt a creative and client focused working systematic in the competition law field where new concepts emerge each day and which quickly responds to the technologic and economic improvements. One of the main practice areas of Erdem & Erdem is the Competition and Antitrust field which is under the Erdem & Erdem – Corporate Consulting Department. Erdem & Erdem’s Competition and Antitrust practices are comprised of providing the daily consultancy to domestic and international companies and designing compliance programs and guides in competition law in regard to the daily commercial practices of these companies.

Within the globalizing world, the boundaries of the economic relationships exceed the territories of countries. In the context of the economy’s complex nature, our clients face with various and unforeseeable competition law problems. As Erdem & Erdem we approach our clients’ variable needs with full awareness. In that sense we provide legal support to our clients basing on a comparative analysis of European Union and Turkish Competition laws in regard to the merger and acquisitions, competition law investigations, compliance programs in competition law, contracts and distributorship systems. Our attorneys provide competition law and commercial regulation services in regard to various sectors such as the distilled alcoholic beverages, food, health, fast moving consumer goods, retail commerce, steel, petrochemicals, automotive supply industry, construction and energy sectors. Erdem & Erdem focuses on the following competition law fields.

Legal Representation on Competition Law Investigations.

Considering that all companies operating in Turkey might face with competition law investigations from time to time it is really important to be well prepared against these kinds of investigations and to reach the qualified legal consultancy with a right timing. We represent our clients in all phases of the competition law investigations by combining our competition law experiences with our know-how in regard to the sector specific regulations. Additionally, we represent our clients in all phases of litigations concerning competition law matters.

As Erdem & Erdem we believe that determining the correct legal strategy for the investigations that may base on various allegations such as concerted practice, price fixing, horizontal and vertical agreements including territory and client limitations is very important and beneficial. Accordingly, the determinant factor occurs as putting forward all the facts of the case in a correct manner, since under competition law the technical analyses are many in number, the foreseeability is difficult and all cases should be assessed in the context of its specific features.

Abuse of Dominance

Companies holding the leader position in the sector that they operate in and therefore, having the power to determine the significant market dynamics are defined as the dominant undertakings. As a result of their market power, the dominant undertakings are in the center of Competition Authority’s’ activities. In that sense Erdem & Erdem provides preventive legal consultancy to its dominant clients in regard to the possible abuse of dominance concerns. It should be considered that those companies which enter into variable legal relationships each day and possess wide distributorship networks or millions of customers may also be operating in a regulated sector. Accordingly, it is seen that the companies operating in rapidly changing and highly regulated markets such as banking, energy and telecommunication are under significant competition law risks.

We care about our dominant clients’ legal safeness, since our experience indicates that the minor behaviors of dominant companies may result many complaints before the Competition Authority. In that sense all activities of the dominant companies should be carried out under significant duty of care. Accordingly, in order to provide this special legal consultancy to our dominant clients, as Erdem & Erdem, we target to become familiar to the institutional cultures and working styles of our clients. In the context of our legal consultancy, we also target to provide clear definitions for our dominant client’s allowed behaviors and put forth their limitations, instead of avoiding all behaviors with an excessive anxiety.

Mergers and Acquisitions

As Erdem & Erdem we frequently use our experience in private law in competition law aspects of mergers and acquisitions. We believe that conducting a merger and acquisition transaction as a whole and maintaining the same attention and care level in the competition law clearance step would result in many benefits. Additionally, in recent Competition Board decisions new concepts such as designing the establishment and operations of joint ventures, strategic cooperations including reciprocal control, exchange of information risks in regard to the minority right transfers have become familiar. In that sense, instead of using a standardized method, designing a merger and acquisition transaction in compliance with the competition law from the beginning would result many benefits. As a matter of fact, an investigation which has started on the final step of a transaction would be wearing for the parties, since it might spirit away the transaction’s expected benefits. Erdem & Erdem’s competition team’s main target is to avoid these uncertainties which might negatively impact our client’s costs and prestige’s before the financial institutions and their partners. In line with our target, in merger and acquisitions we adopt a system where we lead our clients from the very beginning and avoid the competition law concerns thereby.

Compliance and Educational Programs in Competition Law

Our academic studies’ contributions to our clients are significant motivations for us. In that sense we serve our knowledge which we have gained through our academic studies to our clients through offering creative solutions. That said we benefit from the case law and doctrinal issues under European Union and United States jurisdictions and follow the developments in other countries.

Erdem & Erdem Compliance Program in Competition Law is also designed in compliance with the dynamic nature of competition law. Our compliance program approaches competition law’s specific nature considering our clients’ specific needs. That said, our program avoids unnecessary restrictions, removes the legal uncertainty as possible and provides a safe zone to our clients. Our main target is to offer an adaptable program which is based on our clients’ needs. That said we target our clients to see compliance as their company policy, instead of a problematic and compulsory field to comply with.