Competitive Edge: Legal Insights
April 2026 | Başaran Law Firm
Turkey's Big Four Moment: TCA Opens Probe Into Audit and Advisory Sector
The Turkish Competition Board launched a formal investigation on 11 March 2026 under Article 4 of Law No. 4054 against more than 50 undertakings operating in Turkey's independent audit and financial advisory sector, including Turkish affiliates of Deloitte (DRT), EY (Güney/Kuzey), KPMG, PwC, BDO, RSM Turkey, PKF, and Crowe, alongside their professional associations: İstanbul Serbest Muhasebeci Mali Müşavirler Odası (ISMMMO) and TÜRMOB. The proceeding carries decision number 26-03/91-M. The scope is exceptional. The Board is simultaneously investigating the output market, alleged price-fixing and client-sharing in audit and advisory fees, and the input market, specifically no-poach and wage-fixing agreements among competing firms. Information exchange and anti-competitive trade association decisions are also in scope. Rarely does a single TCA investigation target both the commercial and labour-market dimensions of an entire professional services sector in one proceeding. For companies that rely on audit sign-offs, tax advisory mandates, or financial reporting to regulators, the investigation signals that competitive conduct in professional services is no longer below the Authority's radar. Service providers and their professional associations should treat this as a call to audit their own compliance frameworks before investigators do it for them.
Does Haribo Hold Turkey's Soft Candy Market in Its Grip?
The Turkish Competition Board opened a formal investigation in March 2026 into Haribo Şekerleme San. ve Tic. Ltd. Şti. the German confectionery giant's Turkish subsidiary under Articles 4 and 6 of Law No. 4054, which prohibit anticompetitive agreements and abuse of a dominant position. The probe follows a preliminary inquiry launched in January 2026.
Investigators are examining two distinct allegations. First, whether Haribo has created de facto exclusivity in the Turkish soft candy market, potentially foreclosing rival suppliers from retail access.
Second, whether the company has engaged in resale price maintenance (RPM), the practice of a supplier dictating the prices retailers may charge by interfering with resale prices set at the distribution level.
The dual focus matters commercially. A finding of dominance abuse under Article 6 would expose Haribo to fines of up to 10% of annual Turkish turnover; an Article 4 finding on RPM would capture the distribution chain as well. For FMCG brands operating through wide retail networks in Turkey, the message is consistent with recent TCA enforcement: commercial strength in a product category does not confer freedom to dictate how that product is sold downstream.
Merzigo Closes TCA Chapter with Four Structural Commitments
The Turkish Competition Board closed its dominance investigation against Merzigo Holding AŞ and Yek Teknoloji Pazarlama AŞ, the combined economic unit providing content management services (CMS) primarily on YouTube, through a commitment decision numbered 26-03/72-28, adopted on 29 January 2026. The investigation under Article 6 of Law No. 4054 had examined the group's contracts with producers and content rights-holders in digital video platforms.
Under the binding commitments, Merzigo and Yek agreed to: (i) remove exclusivity clauses from all CMS agreements with rights-holders; (ii) cap managed content at 40% of the relevant pool; (iii) reduce contract terms exceeding three years to a maximum of three-year duration; and (iv) eliminate minimum guarantee payments and equivalent financial arrangements. The outcome reshapes the contractual environment for Turkish content producers, including those in the rapidly expanding drama and entertainment export sector, who have historically negotiated from a position of informational and commercial asymmetry with dominant CMS providers. Rights-holders currently locked into multi-year exclusive arrangements should assess how the commitment terms affect renegotiation rights and revenue structures going forward.
TCA Trains Its Sights on Cement — A Sector-Wide Inquiry Begins The Turkish Competition Board decided in December 2025 (decision numbered 25-49/1219-M) to launch a comprehensive sector inquiry into the Turkish cement market an announcement was publicly released on 17 March 2026. Turkey ranks fifth globally in cement production, and the Authority has identified high market concentration and product homogeneity as structural features prone to competitive failure. Previous TCA proceedings in cement have been regional and company-specific; this inquiry takes a holistic, long-term approach using firm-level and customer-level microdata to map market structure and company behaviour across all regions. The Authority plans to analyse pricing patterns, regional competition dynamics, and commercial behaviour through a competition economics framework that will feed directly into policy development. The practical consequences of a sector inquiry extend well beyond a formal investigation: undertakings should expect information requests and data submissions that often precede individual enforcement proceedings. Cement producers, bulk distributors, and large construction-sector buyers should prepare for engagement with the Authority and review commercial arrangements, particularly information exchange mechanisms, pricing practices, and long-term supply agreements, that may attract scrutiny in a market the TCA has flagged as structurally vulnerable since the Authority's earliest years.
Hilton, IHG and Marriott Under CMA Investigation for Data Sharing via STR
The UK Competition and Markets Authority (CMA) launched a formal investigation on 2 March 2026 into three of the world's largest hotel chains, Hilton, IHG Hotels and Marriott, as well as CoStar Group, the data analytics company that owns the hotel benchmarking tool STR. All four businesses, including their UK entities and ultimate parent companies, are under investigation under the Competition Act 1998.
The CMA is examining whether the hotel chains used the STR platform to share competitively sensitive information, a term referring to data that reduces the uncertainty each competitor normally faces about the other's pricing, capacity, or commercial strategy in a way that enabled them to coordinate behaviour without direct contact. Data analytics tools can, in principle, benefit markets; the concern arises when rival businesses effectively pool strategic intelligence through a common intermediary.
The case reflects a global enforcement trend. Regulators in the EU, US, and now the UK are increasingly scrutinising algorithm-facilitated coordination as a form of anticompetitive conduct. For businesses in any sector that subscribe to industry benchmarking, revenue management, or market intelligence platforms, this investigation is an urgent prompt: review what data enters shared tools, what is received in return, and how that information influences pricing or commercial decisions.
CMA Puts UK Fuel Retailers on Notice Over "Rocket and Feather" Pricing The UK Competition and Markets Authority (CMA) announced on 12 March 2026 that it will accelerate its monitoring of petrol and diesel prices, citing the conflict in the Middle East as a driver of wholesale energy cost volatility. Fuel station operators across the country have been formally put on notice that obligations to supply revenue, cost, and sales data will be brought forward, enabling the CMA to analyse fuel margins more rapidly than its standard review schedule. The CMA's stated focus extends beyond the level of margins to their responsiveness, specifically whether retail pump prices rise faster when wholesale costs increase than they fall when costs decline, a dynamic known as "rocket and feather" pricing. Any evidence of exploitation will be published. For fuel retailers, the message is direct: margins that cannot be demonstrated to reflect genuine cost pass-through will face public scrutiny and, potentially, formal enforcement. The CMA has been clear that wholesale cost pressures may justify price increases, but those increases must track actual costs. Operators who cannot evidence this relationship should prepare their data infrastructure and pricing rationale ahead of formal information requests.
€72.8 Billion Under the Microscope: Commission Probes France's Nuclear Aid Package
The European Commission opened a formal State aid investigation on 31 March 2026 into France's planned financial support for the construction and operation of six new nuclear reactors at the Penly, Gravelines, and Bugey sites. The beneficiary is Électricité de France S.A. (EDF), which will implement the project through a dedicated special purpose vehicle. Total construction costs are currently estimated at €72.8 billion, with commissioning planned between 2038 and 2044.
France's support package comprises three instruments: a subsidised loan covering 60% of construction costs; a 40-year two-way contract for difference (CfD) a mechanism that stabilises revenue by adjusting payments relative to market electricity prices; and a risk-sharing arrangement protecting EDF from extraordinary events outside its control. The Commission has acknowledged the project's potential contribution to energy security and decarbonisation under Article 107(3)(c) TFEU,
but has raised concerns about proportionality, the risk of entrenching EDF's dominant market position, and compliance with the EU's electricity market design rules adopted in July 2024.
The investigation does not prejudge the outcome. For energy sector investors and operators across Europe, the case is a signal that the scale of a public support package — however strategically justified — does not place it beyond State aid scrutiny, particularly where it risks distorting wholesale electricity markets.
Morellato's €25.9 Million Lesson in Double Standards
The Italian Competition Authority (AGCM) fined Morellato S.p.A., one of Italy's leading producers of mid-range watches and jewellery, €25,895,043 on 31 March 2026 for a vertical agreement in breach of Article 101 of the Treaty on the Functioning of the European Union (TFEU). The infringement ran for over seven years, from 20 July 2018 to 23 December 2025.
The AGCM found that Morellato had set maximum discounts that authorised distributors could apply on online sales
channels, continuously monitored compliance, and penalised deviations through warnings, order blocks, account suspensions, and threats to terminate contracts constituting resale price maintenance (RPM). Additionally, Morellato's distribution agreements expressly prohibited distributors from selling through third-party online marketplaces such as Amazon and eBay, while the company itself used those same platforms to sell its own products.
The AGCM characterised this asymmetry as discriminatory and disproportionate. The decision reinforces two firm enforcement lines across the EU: dictating online pricing to distributors is RPM; and restricting marketplace access while exploiting those same channels yourself removes any justification for the restriction. Brands operating selective distribution systems should treat this decision as a direct prompt to audit their online pricing and marketplace policies.
Italy Investigates Quantum Computing — Competition Concerns Before the Market Matures
The Italian Competition Authority (AGCM) launched a market investigation into the quantum computing (QC) sector on 17 March 2026, among the first formal competition inquiries into this technology globally. Quantum computing uses quantum-mechanical phenomena to solve complex computational problems beyond the reach of conventional hardware, with applications developing in cybersecurity, biotechnology, materials design, production optimisation, and financial technology. The AGCM simultaneously opened a public consultation, accepting stakeholder submissions through 30 April 2026.
The Authority raises concerns in AI markets about high entry barriers, hardware-software lock-in risks, rapid patent filings limiting competition, and the dominance of major cloud-service providers in quantum computing (QC).
The investigation suggests a shift in competition enforcement to intervene early in fast-developing markets to prevent dominant
positions. For tech firms, investors, and QC researchers, the AGCM's actions signal the end
of the quiet period in quantum computing.
DOJ Sues New York-Presbyterian for Locking Out Budget Healthcare
The US Department of Justice Antitrust Division, together with the US Attorney's Office for the Southern District of New York, filed a civil antitrust lawsuit on 26 March 2026 against New York-Presbyterian Hospital under Section 1 of the Sherman Act — the primary federal statute prohibiting anticompetitive agreements and restraints of trade. New York-Presbyterian is the largest hospital system in New York City, operating eight hospitals and numerous outpatient facilities.
The DOJ alleges that New York-Presbyterian's contracts with health insurers and employers impose clauses that prevent the development of budget-conscious health plans: specifically, restrictions barring insurers from offering plans that exclude the hospital, deprioritise it relative to lower-cost rivals, or allow patients to pay lower co-pays when choosing competitors. The practical effect, the DOJ argues, is to insulate the hospital from price competition and deny New Yorkers access to affordable alternatives already available in other US markets.
The case represents the DOJ's second healthcare antitrust action of 2026 and reinforces a global enforcement pattern: competition authorities are actively scrutinising "most favoured nation" (MFN) clauses and exclusivity provisions in contracts between powerful buyers and providers. Businesses in any sector that rely on contractual protections to manage competitive exposure should review whether those protections cross the line from legitimate commercial protection into market foreclosure.
Hong Kong's Building Maintenance Cartel: A HK$700 Million Syndicate Exposed
The Hong Kong Competition Commission
brought proceedings before the Competition Tribunal on 25 March 2026 against six construction undertakings and twelve individuals for an alleged bid-rigging syndicate that operated across at least 11 residential estates and buildings spanning eight districts between April 2022 and September 2023. The value of the targeted contracts is estimated at approximately HK$700 million.
The Commission alleges a structured operation: a mastermind identified target projects and assigned syndicate members either the role of designated winner, the "main character", or cover bidders referred to as "helpers," with pre-prepared pricing instructions distributed through intermediaries. The Commission is seeking declarations of infringement, financial penalties, and director disqualification orders against six of the named individuals. Several participants who signed the Commission's own model "Non-collusive Tendering Certificates" while allegedly coordinating bids have been referred to law enforcement for criminal investigation on conspiracy to defraud charges, which carry a maximum sentence of 14 years' imprisonment. The Commission's CEO has signalled that further proceedings against additional syndicates are forthcoming.
Portugal's No-Poach Ruling: A Landmark for Labour Market Enforcement
Portugal's Competition, Regulation and Supervision Court (TCRS) upheld the Portuguese Competition Authority's (AdC) decision to fine three companies within the Inetum technology consulting group €3,092,000 for bilateral no-poach agreements under which competing employers commit not to recruit or make unsolicited offers to each other's employees. The ruling, delivered on 30 March 2026, is the first judicial confirmation in Portugal of a fine for restrictions on labour market competition.
The Inetum group participated in the agreements for at least seven years, from March 2014 to August 2021, suppressing worker mobility, reducing competitive pressure on wages, and misallocating specialised IT talent across the economy. The TCRS classified the infringement as "very serious," noting the technology sector's systemic role in Portugal's economy and its dependence on skilled, mobile labour. Combined with fines previously issued against three other companies in the same proceedings (totalling €4,082,000), total enforcement in this case exceeds €7 million. For multinational technology and professional services groups operating across European jurisdictions, the decision confirms a principle that has now been judicially validated: informal HR policies restricting talent competition carry the same legal risk as commercial cartels, and will be treated with equal severity.
*This publication is for general information only and does not constitute legal advice.