TURKEY Trends and Developments Contributed by: Gökşin Kekevi and Yıldız Akınsal, Özay Law Firm
Introduction One of the most prominent recent developments in Turkish competition law has been the increasing num - ber of investigations into anti-competitive practices in labour markets, which can be split into two categories: • agreements not to solicit or hire each other’s employees (so-called “no-poaching agreements”); and • agreements and/or information exchanges on com - pensation and benefits (“C&B”) between undertak - ings. The Turkish Competition Authority (TCA) imposed its first fine in human resources (HR) related infringe - ments on 30 December 2021. Since then, the total amount of fines imposed on nearly 150 undertak - ings operating across a broad range of industries – including banking, construction materials, education, fashion, food, healthcare, IT, online commerce, food delivery and marketplaces, pharmaceuticals, telecom - munications, transportation, TV series producers and tyres – has approached USD100 million. Undertak - ings sanctioned by the TCA include Alibaba, Delivery Hero, Ericsson, Vodafone, Amgen, AstraZeneca, GSK, Merck, Novartis, Novo Nordisk, Pfizer, Sanofi, Bridge - stone, Goodyear, Hankook, Pirelli and QNB. Similar investigations are ongoing against more than 100 undertakings operating in sectors such as agri - culture, banking, construction materials, independent auditing, insurance and shipbuilding. These investiga - tions also involve a number of internationally recog - nised companies, including Deloitte, Ernst & Young, KPMG, PwC, BBVA, Emirates NBD, HSBC and ING. Such investigations expose undertakings not only to significant fines, reaching 10% of their annual turno - ver, but also to reputational risks and private dam - ages actions brought by employees. Indeed, reasoned decisions published on the TCA website occasionally reveal negative remarks made by relevant company executives against employees negotiating job offers with other companies and/or requesting an increase in their C&B (see, for example, Kocaeli Private Schools decision dated 04 April 2024 and numbered 24-16/391-157), thereby resulting in negative publicity against these companies in the (social) media. In addi -
tion, much like the Silicon Valley case where US tech firms paid over USD400 million to their employees in settlements, employees in Türkiye can claim triple compensation for their losses or the wrongdoers’ prof - its if they are harmed by anti-competitive agreements and information exchanges. At first glance, it may seem that HR-related compe - tition law risks primarily concern large multinational corporations, such as those listed above. However, as will be explained below, the TCA’s decisions dem - onstrate that small and medium-sized enterprises (SMEs) operating in fragmented markets with numer - ous competitors face risks that are no less significant than those encountered by large undertakings. Against this background and in light of the TCA’s Guidelines on Competition Infringements in Labour Markets (the “Guidelines”) and decisions, this article examines: • the concept of “competitor” in labour markets; • the types of conduct that constitute infringements; and • competition compliance programmes that under - takings should adopt to mitigate these risks. The Concept of “Competitor” in Labour Markets In cases of HR-related infringements, the concept of a “competitor” is defined independently of the mar - kets in which the relevant undertakings offer goods or services. Instead, it encompasses any undertaking competing to recruit or employ the same workforce. Accordingly, undertakings operating in entirely differ - ent industries, which would not ordinarily be regard - ed as competitors, may nevertheless be considered competitors in the labour market. For instance, a com - pany operating in the retail sector and an IT company providing services to it are considered competitors in the labour market, and certain agreements and/or information exchanges between them may consti - tute an infringement. This broad interpretation of the concept of competitor is one of the principal reasons behind the significant increase in the number of HR- related investigations.
210 A NTITRUST LI T IGATI O N 2026
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