The Pulse — Edition 05: Competitive Edge: Legal Insights

February 2026 | Başaran Law Firm

EssilorLuxottica: A Repeat Performance in Türkiye?

The Turkish Competition Board has launched a formal investigation into EssilorLuxottica S.A. to determine if the eyewear leader has breached Articles 4 and 6 of Law No. 4054. This inquiry follows a preliminary probe initiated under a November 20, 2025 decision.

The Board is scrutinising whether the company established de facto exclusivity within the markets for the wholesale supply of ophthalmic and contact lenses, as well as the production and distribution of ophthalmic machinery, equipment, and consumables. Investigators suspect that EssilorLuxottica utilised specific contractual arrangements and commercial incentives to effectively foreclose competitors from the market, pressuring distributors to work predominantly with its own brands. This action aligns with a broader enforcement trend where the Board is increasingly vigilant regarding vertical restrictions in highly concentrated sectors.

Dassault Systèmes: Turkish Probe Targets Software Distribution and RPM

The Turkish Competition Board has formally opened an investigation into the economic unity comprising Dassault Systèmes SE, Dassault Systèmes International SAS, Dassault Systèmes SolidWorks Corporation, and Dassault Systèmes İstanbul İnovasyon Teknoloji Ltd. Şti. The decision, finalised on January 9, 2026, follows a significant preliminary inquiry meeting held on December 4, 2025.

The investigation is rooted in allegations that the global software giant violated Article 4 of Act No. 4054 through systematic customer restriction and the illegal determination of resale prices — commonly known as Resale Price Maintenance (RPM) — within its dealer channel. The Board determined that the initial findings from the preliminary probe were both significant and sufficient to warrant a full-scale investigation into the company's Turkish distribution practices and dealer management protocols.

Data Walls and "Otobid": Sahibinden Settles with Commitments

The Turkish Competition Authority has concluded its investigation into the online classifieds platform Sahibinden after accepting a suite of binding behavioral commitments. The probe centered on allegations that Sahibinden abused its dominant position by leveraging user data to favor its secondary vehicle-trading service, "Otobid."

To resolve the matter, Sahibinden agreed to four critical commitments:

• Ending all Otobid displays on the main platform;
• Ceasing redirection to Otobid during the ad-posting process;
• Implementing strict data silos to prevent non-public data from the classifieds business from being used for Otobid; and
• Ensuring that once a specific threshold is met, Otobid's revenues must cover its variable costs and advertising expenses.

Dawn Raid Alert: Temu's Turkish Offices Targeted

The Turkish Competition Authority (TCA) recently executed an unannounced inspection at the Turkish offices of the Chinese e-commerce giant Temu. This move follows a surge in global regulatory pressure, including October 2025 proceedings by Germany's Bundeskartellamt and December 2025 inspections by the European Commission.

The TCA's raid comes as the sector prepares for a seismic shift in the trade landscape: on February 6, 2026, new Turkish customs regulations terminated the long-standing €30 exemption for online imports. This change subjects cross-border e-commerce operators to rigorous official clearance procedures, significantly increasing the compliance burden for high-volume platforms that previously operated under simplified rules.

Protecting the Vulnerable: FTC Blocks Healthcare Monopoly in IDD Services

The Federal Trade Commission (FTC) has intervened to prevent a monopoly in the residential services market for individuals with intellectual and developmental disabilities (IDD). To resolve antitrust concerns regarding Sevita Health's $835 million acquisition of BrightSpring Health Services' community living business (ResCare), the FTC has mandated a major divestiture.

Sevita, a subsidiary of Centerbridge Seaport Acquisition Fund, L.P., must sell 128 intermediate care facilities (ICFs) and associated day-training assets to Dungarvin Group, Inc., a well-regarded industry operator. The divestitures span critical markets in Indiana, Louisiana, and Texas. The FTC's complaint alleged that the merger of the nation's two largest providers would have decimated local competition, leading to potentially disastrous outcomes for some of the nation's most vulnerable citizens.

UK's CMA Takes Aim at Google's AI Search Dominance

The UK's Competition and Markets Authority (CMA) has proposed a far-reaching package of conduct requirements for Google following its designation as having Strategic Market Status (SMS) in search services. The scale of the economic stakes cannot be overstated: Google currently handles over 90% of all UK search queries, and last year, more than 200,000 UK firms spent over £10 billion on Google search advertising.

The proposed measures are structured around four mandatory pillars:

• Publisher Controls: Ensuring a fairer deal for news organisations by allowing content producers to "opt-out" of their content being used to train AI models or power AI Overviews, while mandating proper attribution in search results.
• Fair Ranking: Mandating that Google's ranking algorithms remain transparent. Google must be able to demonstrate to the CMA that its ranking approach is fair, particularly within its AI Overviews and AI Mode.
• Choice Screens: Moving beyond voluntary measures to make default choice screens a legal requirement on Android devices and the Chrome browser.
• Data Portability: Facilitating easier access for businesses and consumers to utilise and move their search data to competing platforms.

UK Consumer Protection: Cleaning Up the Unregulated Legal Sector

The UK's Competition and Markets Authority (CMA) has concluded its compliance review of the unregulated legal sector, targeting providers of will writing, online divorce, and pre-paid probate services. Parallel to this, the CMA has refreshed its industry guidance to align with the Digital Markets, Competition and Consumers Act 2024, which became effective in April 2025.

While the review noted that some firms have improved their contract terms, the CMA remains concerned about the lack of transparency regarding costs and the suitability of products sold during sensitive life events. The investigation, which began in July 2023, has now reached its final phase of administrative closure, shifting toward active monitoring of compliance with the new statutory standards.

The Future of AI: France Seeks Input on Conversational Agents

France's Autorité de la concurrence has officially opened a public consultation regarding the competitive dynamics of conversational AI agents. This initiative is part of an ex officio inquiry announced on January 9, 2026, following a landmark Opinion in June 2024 and a December 2025 study on AI's environmental impact.

The regulator is focusing on the downstream segment of the value chain, specifically examining how AI is integrated into e-commerce and consumer services. Areas of concern include the integration of advertising into AI interfaces, partnerships between agent developers and publishers, and the potential for exclusionary practices in conversational commerce. Stakeholders had until March 6, 2026, to submit feedback, which will inform the Autorité's upcoming formal opinion on the sector.

Victory (of Sorts) for DAZN: Italian Authority Slashes Fines

Italy's antitrust authority, the AGCM, has issued a revised decision regarding the 2021 Serie A broadcasting agreement between DAZN and TIM. Following a partial annulment by the Council of State, the AGCM reduced DAZN's fine to $4.2 million (€3,673,716.63). The court found that the original duration of the infringement was calculated incorrectly; the breach actually persisted from January 27, 2021, until the restrictive clauses were finally excised on August 3, 2022.

The revised ruling also explicitly cleared DAZN Media Services of any liability. While the fine for TIM remained at approximately €760,000, the reassessment for DAZN represents a significant reduction from the initial 2023 penalty, following a mandated change to the base of the fine calculation.

Amazon's Italian Fine Gets a €377 Million Haircut

The Italian Competition Authority (AGCM) has officially reduced the administrative fine imposed on Amazon from €1.13 billion to €752.4 million. This significant recalculation follows a long-standing 2021 case in which the regulator found that Amazon had abused its dominant position on Amazon.it. The infringement centred on the company tying specific merchant benefits — including increased visibility and "Buy Box" opportunities — to the mandatory use of its proprietary logistics service, Fulfilment by Amazon (FBA).

The reduction was compelled by a September 2025 ruling from the Lazio Regional Administrative Court. While the court upheld the core finding that Amazon breached Article 102 TFEU, it annulled a 50% increase that the AGCM had applied to the base fine. The judiciary criticised the authority for failing to provide a sufficiently granular explanation of why such a maximum "uplift" based on Amazon's global turnover was necessary or proportionate. Crucially, while the AGCM has complied with the court-ordered redetermination, it has explicitly stated that this recalculation does not constitute acceptance of the ruling and reserves the right to appeal the decision to a higher court.

AGCM Launches "e-Leniency" for Simplified Compliance

To streamline cooperation in antitrust investigations, the Italian Authority launched its e-Leniency platform on January 27, 2026. This digital portal is specifically designed for the "simplified form" (forma semplificata) submission of leniency applications, allowing companies to request reduced sanctions or the non-imposition of fines online. The platform utilises SPID, CIE, or eIDAS authentication, providing a secure, traceable digital record that includes an immediate receipt with a timestamp and identification code.

Gaming Safety Scrutiny: Dutch ACM Launches DSA Probe into Roblox's Protection of Minors

The Dutch Authority for Consumers and Markets (ACM) has opened a formal investigation into the gaming platform Roblox for potential violations of the Digital Services Act (DSA). The ACM maintains jurisdiction over this global platform because Roblox is headquartered or represented in the Netherlands. The investigation centres on whether the platform's safeguards for minor users are "appropriate and proportionate," particularly with respect to exposure to harmful content and online contact with malicious actors.

A primary focus of the probe is the use of dark patterns — misleading design practices that may manipulate children into making unauthorised or excessive in-game purchases. The ACM launched the formal proceedings following a preliminary inquiry and multiple reports of concern. The review is expected to last 12 months due to the complexity of assessing the non-financial harms children may face in immersive digital environments.

Tiered Oversight: WhatsApp 'Channels' Trigger VLOP Designation Under the DSA

The European Commission has formally designated WhatsApp as a Very Large Online Platform (VLOP) under the Digital Services Act (DSA). This regulatory shift was prompted by the platform's 'Channels' feature, which surpassed the 45 million monthly active users threshold in the European Union. While the 'Channels' feature is classified as an online platform service, the Commission explicitly noted that WhatsApp's private messaging functions remain excluded from these specific requirements.

Following the January 26, 2026 designation, Meta has a strict four-month window — through mid-May 2026 — to bring the service into compliance with the more stringent VLOP regime. The Commission will oversee this compliance in close cooperation with Coimisiún na Méan, the Irish Digital Services Coordinator.

AI Safety Under Fire: Commission Probes X's Grok Integration and Systemic Risk Management

The European Commission has launched formal proceedings against X to evaluate potential infringements of Articles 34, 35, and 42 of the Digital Services Act (DSA) following the deployment of its AI tool, Grok. The investigation focuses on whether X failed to conduct and transmit an ad hoc risk assessment report prior to the tool's deployment, a requirement for features that have a "critical impact" on a platform's risk profile. The probe specifically addresses systemic risks related to illegal content, gender-based violence, and serious negative consequences to the physical and mental well-being of users.

In parallel, the Commission, working with Coimisiún na Méan, has extended its December 2023 investigation to assess how X's recommender systems, including the new Grok-based algorithm, manage risks. This enforcement action follows a December 5, 2025 non-compliance decision in which X was fined €120 million for deceptive design and a lack of advertising transparency. The current probe into Grok includes scrutiny of the dissemination of "sexual deepfakes" and child sexual abuse material.

DMA Enforcement: Commission Launches Specification Proceedings into Google's AI Interoperability

The European Commission has initiated two sets of "specification proceedings" to provide Google with a clear compliance roadmap under the Digital Markets Act (DMA). These proceedings are a formal "regulatory dialogue" focusing on Articles 6(7) and 6(11). The first set addresses interoperability, specifically how third-party providers can access the same Android hardware and software features used by Google's own AI services, such as Gemini.

The second set of proceedings focuses on the sharing of search data on fair, reasonable, and non-discriminatory (FRAND) terms. This probe is built upon four specific legal pillars: the scope of the data shared, the anonymisation methods employed, the conditions of access, and the eligibility of AI chatbot providers to receive this data. The Commission intends to conclude these proceedings within six months to ensure the AI landscape remains competitive for third-party search engines and chatbot developers.

SAMR Prohibits LPG Merger: A Landmark Intervention in China's Utilities Sector

China's State Administration for Market Regulation (SAMR) has prohibited a transaction involving six bottled liquefied petroleum gas (LPG) suppliers in the Nanhai district of Foshan. The transaction contemplated the formation of a joint venture for the construction and operation of a bottled LPG storage and distribution facility. Although the deal did not meet the mandatory notification thresholds under the Anti-Monopoly Law, the parties submitted a voluntary filing for regulatory review.

The SAMR assessment was notably rigorous, involving multiple consultations with government departments and industry associations, alongside an economic analysis conducted by an independent third-party institution. The regulator ultimately concluded that the joint venture would secure a dominant market position in the Nanhai district. Critically, the SAMR found that the joint venture's structure would facilitate price coordination among market participants, leading to direct or indirect price increases that would harm consumer interests.

*This newsletter is prepared solely for informational purposes and does not constitute any legal advice for a specific case or client.