KEY LEGAL DEVELOPMENTS
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The Competition Board (“Board“) had previously determined that Meta Platforms Inc., Meta Platforms Ireland Limited, and WhatsApp LLC caused a distortion of competition, and it was decided that necessary measures should be presented. However, the proposed measures were deemed inappropriate, leading to an administrative fine of approximately ₺4.8 million for each day of delay. |
| The Regulation Amending the Regulation on the Presentation of Radio, Television, and Optional Broadcasts via the Internet stipulates the commitment letter for applicants currently broadcasting to complete their procedures for obtaining an online broadcasting license and transmission authorization. It also specifies the obligation to pay the broadcasting license and broadcast transmission authorization fees equivalent to three months. |
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The research report on digital advertising and unfair commercial practices has been completed as part of the “Digital Consumer Protection Project” conducted by the Ministry of Trade. The report indicates that 79% of the files discussed at the Advertising Board consist of digital advertising and applications. |
| The Personal Data Protection Board has decided to exempt village administrations with legal personality from the obligation to register in the Data Controllers Registry. |
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The Consumer Arbitration Board made decisions on 707,814 applications in 2023, with a total monetary value of approximately ₺3.9 billion. It was announced that 67% of the applications were made through e-Government, and the highest number of complaints came from the shoe category. |
| According to the Merger and Acquisition Outlook Report published by the Competition Board, the total transaction value for 217 transactions amounted to ₺162.5 billion and the 94 of these transactions belonged to Turkish-origin companies. |
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Following the investigation conducted by the Board on companies operating in the food sector, namely Nestle Türkiye and Eti, it was determined that effective competition was disrupted through the exchange of competition-sensitive information and approximately ₺290 million administrative fines was imposed. |
HIGH COURT DECISIONS
The Turkish Constitutional Court (“the Court“) has determined that the imposition of sanctions involving the removal of content, in addition to blocking access to publications that constitute offenses under article 8 of Law on Regulating Broadcasting in the Internet Environment and Fighting Against Crimes Committed Through These Broadcasts No. 5651 and article 9, which regulates the application process to the Criminal Judge of Peace by those whose personal rights have been violated, violates fundamental rights and freedoms thereby decided to annul it so as to enter into force within 9 months from the publication of the decision. (P:2020/76, D:2023/172)
The Court has deemed the prevention of alcoholism as a legitimate objective in banning retail alcohol sales between 22:00 and 06:00. Therefore, it has decided that the administrative fine imposed for this reason does not violate the right to property. (AN:2019/6929, D:21.09.2023)
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