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Vertical relations between suppliers and distributors are
subject to the principles set out in the Article 4 of the Act no
4054. Subsequently the Block Exemption Communiqué on
Vertical Agreements
1 (“Communiqué”)
entered into force as secondary legislation and the Guidelines on
Vertical Agreements
2 has been published by the Turkish
Competition Authority (“TCA”) to clarify the
implementation. The rules in the Communiqué regarding the
implementation of competition law in terms of vertical relations
are largely in line with the Vertical Block Exemption
Regulation
3 (VBER), which is currently in force in
A significant amendment
2
(
Law ) as to on-site inspections,
providing legal ground for the already-existing implementation of
the Turkish Competition Authority
(
TCA ), was introduced on June 24,
2020. Accordingly, the TCA s legal authority is now regulated
in a more detailed and explicit way allowing the case officers of
the TCA to examine and obtain copies of the files, any information
and document stored in physical and electronic media as well as
information systems of the undertakings and the associations of
undertakings during the on-site inspections. Following the
amendment, the TCA has published the Guideline on Examination of
Digital Data During On-Site Inspections
3 dated October
Introduction
As part of our ongoing series on Canada s deferred
prosecution agreement (
DPA ) program,
we have considered the use of DPAs in other jurisdictions,
including in the United States of America, where we are seeing an
increased use of DPAs in the antitrust sphere. In this bulletin, we
look again to the United States, and discuss the DPA recently entered into by Argos USA LLC
(
Argos ) with the United States
Department of Justice (the
DOJ ).
The Argos DPA
On January 4, 2021, the DOJ announced that it had charged Argos,
a producer and seller of ready-mix concrete headquartered in
Georgia, with participating in a conspiracy to fix prices, rig
In November 2020, the Competition Bureau hosted its first
annual
, which saw
the Bureau and its international counterparts discuss strategies
and tools for adapting to emerging competition enforcement issues
in the digital economy.
The Digital Enforcement Summit focused on enforcement
issues faced by competition agencies from the pre-investigation
stage of potential anti-competitive activity to the resolution
stage. Notable highlights from the discussions
include:
Enforcement agencies are leveraging technologies like cloud
computing and natural language processing to gather evidence in
response to difficulties in detecting anti-competitive activity in
digital markets;
Changes to competition laws and regulations are perceived as
necessary to give competition agencies the tools necessary to
On November 27, 2020, the Competition Bureau released a statement regarding the application of the
Competition Act to no-poaching, wage-fixing and other
agreements among competitors relating to the purchase of a product.
The Bureau confirmed that such agreements would not result in
criminal investigation under the
Competition
Act. The Bureau s conclusion is based on legal advice
it sought from the Department of Justice and the Public Prosecution
Service of Canada.
While the Bureau s position is unsurprising and is
consistent with the generally-accepted interpretation of the
Competition Act, the absence of criminal liability for
so-called buyer cartels sets Canada apart from many
other countries. Most notably, buyer cartels have been subject to