Back to Insights

Not So Gentle After All: Substantial Administrative Fines from the Competition Authority


On August 02, 2023, the Competition Authority announced the amounts of fines issued against 16 companies operating in various sectors pursuant to its decision dated July 26, 2023. The administrative fines add up to a hefty 151 million 148 thousand Turkish Liras in total.

The investigation was conducted in order to determine whether the undertakings violated the Law on the Protection of Competition (“Competition Law”) by entering into “gentlemen’s agreements” in labor markets with the intention of not recruiting employees from each other.

The Competition Authority found these agreements to be based on a mutual agreement of the employers not to compete over the effort of the employees, which is one of the most critical resources of businesses. It was also declared in the announcement that such agreements may limit the mobility of labor, and therefore, wages cannot receive their real value. According to the Competition Authority, this ultimately leads to inefficiencies in the distribution of employees and distortion in the competitive structure of labor markets.

On the other hand, the fact that 21 undertakings have been found not to violate the Competition law and have not been imposed administrative fines poses uncertainty about whether individual exemptions will be granted. We will have to wait and see the reasoned decision.

The undertakings subject to administrative fines and the amounts of fines imposed are listed below:

Arvato Lojistik Dış Ticaret ve E-Ticaret Hizmetleri AŞ

TRY 2,159,522.60

Bilge Adam Yazılım ve Teknoloji AŞ

TRY 2,183,227.89

Binovist Bilişim Danışmanlık AŞ

TRY 49,831.55

Çiçeksepeti Internet Hizmetleri AŞ

TRY 517,883.20

D-Market Elektronik Hizmetler ve Ticaret AŞ

TRY 4,834,124.55

Flo Mağazacılık ve Pazarlama AŞ

TRY 18,021,702.86

Koçsistem Bilgi ve İletişim Hizmetleri AŞ

TRY 6,513,239.09

LC Waikiki Mağazacılık Hizmetleri Ticaret AŞ

TRY 59,590,457.10

Sosyo Plus Bilgi Bilişim Teknolojileri Danışmanlık Hizmetleri Ticaret AŞ

TRY 1,094,131.66

TAB Gıda Sanayi ve Ticaret AŞ

TRY 7,293,869.36

Türk Telekomünikasyon AŞ

TRY 41,022,658.16

Veripark Yazılım AŞ

TRY 1,116,070.57

Vivense Teknoloji Hizmetleri ve Ticaret AŞ

TRY 1,218,089.30

Vodafone Telekomünikasyon AŞ

TRY 5,319,292.25

Zeplin Yazılım Sistemleri ve Bilgi Teknolojileri AŞ

TRY 192,973.74

Zomato İnternet Hizmetleri Ticaret AŞ

TRY 20,827.94

You can read the relevant announcement here.

With thanks to Ömer Emin Yılmaz for his support of this article.