In today’s world, it is not possible to conduct a business without understanding competition rules or by ignoring them. ACTECON, who unites academic knowledge with public experience and private sector’s business practice, ensure that its clients conduct their business by benefiting from competition rules apart from the fact that they do not violate competition rules.

At ACTECON, competition consultancy is provided from a common point of view of law and economics and we operate in order to solve problems by understanding market conditions. The experience of working within and with the public bodies is used in order to meet our clients’ expectations.

Competition Compliance Program (CCP) (back)
CCP is a competition solution package created by experts of ACTECON, who are specialized in disciplines of law and economics using same examination and assessment methods as experts of the Competition Authority.

CCP is oriented in order to see whether business practices of a Company which is not a part of a competition investigation are in compliance with competition rules, to find solutions for possible inconveniences, to evaluate the cost of compliance and the legal ambiguity due to incompliance and finally to ensure the compliance.

Vertical Compliance Program (VCP) (back)
Vertical agreements, those signed between companies and their suppliers or distributors throughout the supply of raw materials to the submission of goods or services to the customers, shall be convenient with competition rules just like agreements among competitors.

Competition Board issues Block Exemption Communiqués and Explanatory Brochures where general conditions to be respected by Companies which are part of vertical agreements, subcontract agreements, technology transfer agreements and agreements concerning distribution of motor vehicles or their spare parts are laid down.

Finally, by amendments brought to the Communiqué No:2002/2, vertical agreements signed by undertakings having a market share more than 40% in the related market and including non-compete, regional exclusivity or exclusive supply clauses have been excluded from the scope of application of the Communiqué. Consequently, the assessment of individual exemption for these agreements is necessary.

Recent amendments in the block exemption system oblige companies to adopt compliances programs based on economic analysis in order to ensure legal security to their vertical structuring where they seek for flexibility and efficiency. ACTECON applies Vertical Compliance Program (VCP) with its advantage of adopting economic approach and in depth experience practically in all sectors. VCP, which is prepared to allow companies to benefit from all market components and ensure legal security to their vertical agreements, is composed of economic analysis, agreement drafting and training modules.

Representing Clients before the Competition Authority
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ACTECON is the unique consultancy firm where economists with in depth sector experience and jurists with high level of experience in competition law produce solutions. ACTECON presents market realities with well developed legal and economic defenses and cooperates with lawyers and practitioners of the companies during the competition investigations. ACTECON’s experts, having the experience of working with reel sectors communicates with our clients without any problem and focus on the solution of the problems. We also provide technical support to Companies’ lawyers during the appeal procedure of Competition Board’s decisions.

ACTECON considers competition investigations as “opportunity of raising the degree of competition awareness and creating permanent effect with a law cost for Companies” and “opportunity of comprehending sector characteristics and analyzing (de)regulations required so as to correct permanent market failures for the Competition Authority”.

Notification of Mergers and Acquisitions (back)
Mergers and acquisitions exceeding threshold of YTL 25 million or 25% shall be notified to the Competition Authority. It is crucial to have legal certainty as soon as possible in these kinds of operations. ACTECON provides technical and academic consultancy services in transactions that require economic aptitude, international cooperation and high level of perception.

ACTECON undertakes active role in privatizations that require determination of strategy in the scope of game theory and provides high quality services covering the analysis of comportments of the Joint Venture’s decisive organs in terms of Shareholders Agreement and competition rules.

ACTECON also provides economic consultancy services to local and international law firms concerning concentration analysis and merger simulations on target markets.

Analysis and Notifications of Negative Clearance and Individual Exemption (back)
Numerous vertical or horizontal agreements/cooperation between undertakings exceed limits of block exemption communiqués of the Competition Board and cause penal responsibility as they lost their legal validity. However, it is possible to make necessary amendments and ensure the grant of individual exemption to these kinds of agreements by giving them legitimacy. ACTECON analyzes jurisprudence, realizes economic analysis and prepares agreement drafts for this aim. In this context, it is possible to notify these agreements to Competition Authority for legal safety or to have comments of independent experts so as to determine risks.



General Competition Consultancy (back)
We combine different consultancy services for economic groups or multinational companies so as to provide general competition consultancy in the scope of continuity of services. Consultancy services conducted by ensuring the cooperation between executives and internal/external legal counsels are designed by taking into account the corporate principles of the Company and provided by using central outside sources according to the scope of services and needs of the Company.