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Developments in Turkish Competition Law — October 2026: Settlement Decisions in the Seedling Sector and Short-Form Decisions

Rekabet Hukukunda Ekim 2026 Gelişmeleri: Fide Sektöründe Uzlaşma Kararları ve Kısa Kararlar
Published26 October 2026
Reading time15 min
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CategoryCompetition
Published26 October 2026
Contents01Introduction02Background to the Seedling Sector Investigation03Findings concerning the “Sektör Toplantısı” (Sector Meeting) WhatsApp Group04Settlement Decisions concerning Four Undertakings05Framework for the Calculation of the Administrative Fine and the Settlement Procedure06Merger, Exemption and Negative Clearance Decisions Announced by Short-Form Decision07Conclusion
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SummaryÖzet

This legal update presents the reasoned decisions published by the Turkish Competition Authority (“the Authority”) on its website between 19 October 2026 and 25 October 2026, together with the short-form decisions listed in the “Latest Board Decisions” section of the Authority’s website. The update covers the four reasoned decisions dated 21 May 2026, taken through the settlement procedure in respect of four undertakings within the scope of the investigation conducted in the seedling sector and published on 22 October 2026, and the seven decisions taken at the Board’s meetings of 8 October 2026 and 15 October 2026 and announced by short-form decision. The decision date and the publication date of the reasoned decisions are stated separately in this update. No new announcement was published in the Authority’s “Current” section during this period.

Key takeaway · Kilit sonuç

The Board held that four undertakings infringed Article 4 of Law No. 4054 through conduct aimed at determining prices and sales conditions with competitors, and applied a 25% settlement reduction to the administrative fines.

01
Introduction

By its decision No. 25-43/1054-M dated 20 November 2025, the Competition Board (“the Board”) decided to open an investigation against the Seedling Producers Sub-Union (FİDEBİRLİK) and eighteen undertakings active in the seedling sector in order to determine whether Article 4 of Law No. 4054 on the Protection of Competition had been infringed. Within the scope of the investigation, the four reasoned decisions dated 21 May 2026, taken through the settlement procedure in respect of Maki Tarım ve Tic. AŞ, Kaya Fide Tic. Ltd. Şti., Kumluca Deniz Fide Tarım İnş. Taah. Tic. ve San. Ltd. Şti. and Bambus Tarım Fide Zirai Dan. Mim. İnş. Nak. Pey. Taahh. İth. İhr. Ür. Oto Kir. Tur. Tic. Ltd. Şti., were published on the Authority’s website on 22 October 2026. In all four decisions, it was held that the undertakings infringed Article 4 of Law No. 4054 “by engaging in conduct aimed at determining prices and sales conditions with their competitors”, and a reduction of 25% was applied to the administrative fines as a result of the settlement procedure.

The “Latest Board Decisions” section of the Authority’s website also lists, as short-form decisions, three decisions taken at the Board’s meeting of 15 October 2026 and four decisions taken at its meeting of 8 October 2026. These decisions include the conditional approval of the acquisition of Enerji Petrol Denizcilik Ticaret ve Sanayi AŞ, the approval of the acquisition of sole control over Eslab Kahve Gıda Sanayi ve Ticaret AŞ, the grant of an individual exemption to the distribution agreement between Yapı ve Kredi Bankası AŞ and Azimut Portföy Yönetimi AŞ, and the grant of negative clearance to the lease agreement to which Solterra Kimya Sanayi ve Ticaret AŞ is a party. The reasoned texts of the short-form decisions had not been published as at the date of preparation of this update.

02
Background to the Seedling Sector Investigation

According to the decisions, by its decision No. 24-32/753-M dated 1 August 2024 the Board decided to conduct a preliminary investigation into undertakings active in the market for hybrid industrial gherkin seeds and the market for hybrid vegetable and fruit seeds; during the on-site inspection carried out within the scope of that preliminary investigation at Antalya Tarım Üretim Danışmanlık ve Pazarlama AŞ on 1 October 2024, documents containing correspondence giving rise to a suspicion that Article 4 of Law No. 4054 had been infringed were obtained from the mobile device of the General Manager. In addition, the application made by the Muratpaşa Chamber of Agriculture through the Antalya Provincial Directorate of Trade was entered in the Authority’s records on 17 July 2025 and 18 July 2025. The application alleged that seedling prices increased by between 50% and 100% every year and requested that the matter be examined.

At its meeting of 9 October 2025, the Board decided, by decision No. 25-38/909-M, to conduct a preliminary investigation; within the scope of the preliminary investigation initiated on 13 October 2025, on-site inspections were carried out at twelve undertakings and at FİDEBİRLİK on 14, 15 and 16 October 2025. The Preliminary Investigation Report dated 11 November 2025 was discussed at the Board’s meeting of 20 November 2025, and by decision No. 25-43/1054-M it was decided to open an investigation against FİDEBİRLİK, Altın Fide – Mestaş Tarım, Antalya Tarım, Bambus, Bars Paz. ve Tic. Ltd. Şti., Çavaş Yonca Tarım Rasim Çavaş, Kumluca Deniz Fide, Doru Fide, Ergün Duran Fide, Has Fide, HISHTIL Fidecilik, Kaya Fide, Maki, Marmara Fide, Olympos Fide, Özkan Fide, T.S. Tarım, United Genetics Turkey Tohum Fide AŞ and Yaşa Tarım. The investigation notices were served on the parties on 4 December 2025 and 5 December 2025, and on-site inspections were carried out at eight undertakings on 2 December 2025 and 3 December 2025.

According to the decisions, while the investigation was ongoing, the settlement applications of T.S. Tarım, Kumluca Deniz Fide, Özkan, Bambus, Has, Olympos, Bars and Kaya were entered in the Authority’s records between 18 February 2026 and 13 March 2026; by its decision No. 26-10/315-M dated 16 March 2026, the Board decided to accept the settlement requests of these parties and to commence settlement negotiations. Upon the applications of Antalya Tarım, Yaşa, Maki and HISHTIL, the Board decided to commence settlement negotiations by its decisions Nos. 26-11/346-M and 26-11/355-M dated 2 April 2026, and, upon the application of Duran, by its decision No. 26-14/391-M dated 16 April 2026. The settlement negotiations were held at the Authority’s headquarters between 24 March 2026 and 13 April 2026.

03
Findings concerning the “Sektör Toplantısı” (Sector Meeting) WhatsApp Group

The decisions set out the correspondence exchanged between 12 November 2021 and 5 January 2022 in the WhatsApp group named “Sektör toplantısı” (Sector meeting), which was found on the mobile device of the Operations Manager of the Antalya Seedling Branch of Antalya Tarım and was created by the General Manager of Bars on 12 November 2021. According to the decisions, representatives of Bars, Olympos, Altın, Maki, Yaşa, HISHTIL, Özkan, Kumluca Deniz Fide, T.S. Tarım, Has, Bambus and Kaya were members of the group, and the correspondence contains information on the organisation of sector meetings, the sharing of meeting decisions, and price and payment-term conditions.

The Board's Assessment

Upon examination of the WhatsApp groups, the Board included the finding that “the representatives of undertakings serving on the management, audit and similar decision-making bodies within FİDEBİRLİK were seeking a consensus on the elements/parameters of competition in the market”. According to the decisions, the General Manager of Bars, who created the group, is a Member of the Board of Directors of FİDEBİRLİK; the Manager of Bambus is the Chairman of the Board of Directors of FİDEBİRLİK; the General Manager of Has is a Delegate of FİDEBİRLİK to the Upper Union; the Manager of Kumluca Deniz Fide is a Member of the Audit Board of FİDEBİRLİK; and the Chairman of the Board of Directors of Özkan is the Deputy Chairman of the Board of Directors of FİDEBİRLİK. The Board assessed that, by creating the group, these persons “pursued the aim of taking the decisions they planned to be implemented across the sector, ensuring the coordination of the decisions to be taken, and acting swiftly and in concert”, and that it was intended that the decisions taken be conveyed to the other undertakings through the group named “Fideciler Haber Bülteni” (Seedling Producers News Bulletin). The decisions further state that Marmara, Yonca and United Genetics, which were not members of the WhatsApp group, were also assessed to be parties to the consensus on account of their individual correspondence with members of the group.

04
Settlement Decisions concerning Four Undertakings
Maki Tarım ve Tic. AŞ

The Board’s decision No. 26-19/572-217 dated 21 May 2026 was published on 22 October 2026. According to the decision, upon Maki’s settlement application dated 26 March 2026, the Board decided, by its decision No. 26-11/346-M dated 2 April 2026, to commence settlement negotiations; the negotiation was held on 13 April 2026; and the settlement submission sent by the undertaking pursuant to the interim settlement decision No. 26-15/420-MUA dated 22 April 2026 was entered in the Authority’s records on 7 May 2026. The decision states that the documents relating to the infringement in respect of Maki cover the period 3 July 2021 – 5 January 2022 and that the duration of the infringement is shorter than one year.

The Board's Assessment

The Board unanimously held that “Article 4 of Law No. 4054 was infringed by Maki Tarım ve Tic. AŞ by engaging in conduct aimed at determining prices and sales conditions with its competitors”, and decided that an administrative fine of TRY 4,861,152.31 be imposed on the basis of its 2024 gross revenue, that a reduction of 25% be applied to the fine as a result of the settlement procedure, and that a final administrative fine of TRY 3,645,864.23 be imposed. It was decided that the investigation be concluded by settlement in respect of Maki.

Kaya Fide Tic. Ltd. Şti.

The Board’s decision No. 26-19/571-216 dated 21 May 2026 was published on 22 October 2026. Kaya’s settlement application dated 2 March 2026 was accepted by the Board’s decision No. 26-10/315-M dated 16 March 2026; the settlement negotiation was held on 30 March 2026; and the settlement submission sent pursuant to the interim settlement decision No. 26-15/419-MUA dated 22 April 2026 was entered in the Authority’s records on 11 May 2026. The decision states that the documents relating to the infringement in respect of Kaya cover the period 12 November 2021 – 5 January 2022.

The Board's Assessment

The Board unanimously held that Kaya Fide Tic. Ltd. Şti. infringed Article 4 of Law No. 4054 by engaging in conduct aimed at determining prices and sales conditions with its competitors, and decided that an administrative fine of TRY 3,725,514.45 be imposed on the basis of its 2024 gross revenue, that a reduction of 25% be applied as a result of the settlement procedure, and that a final administrative fine of TRY 2,794,135.84 be imposed.

Kumluca Deniz Fide Tarım İnş. Taah. Tic. ve San. Ltd. Şti.

The Board’s decision No. 26-19/570-215 dated 21 May 2026 was published on 22 October 2026. Kumluca Deniz Fide’s settlement application dated 4 March 2026 was accepted by the Board’s decision dated 16 March 2026; the settlement negotiation was held on 26 March 2026; and the settlement submission sent pursuant to the interim settlement decision No. 26-15/416-MUA dated 22 April 2026 was entered in the Authority’s records on 7 May 2026. The decision states that the documents relating to the infringement cover the period 12 November 2021 – 5 January 2022 and that the duration of the infringement is shorter than one year.

The Board's Assessment

The Board unanimously held that the undertaking infringed Article 4 of Law No. 4054, and decided that an administrative fine of TRY 3,134,036.73 be imposed on the basis of its 2024 gross revenue, that a reduction of 25% be applied as a result of the settlement procedure, and that a final administrative fine of TRY 2,350,527.55 be imposed.

Bambus Tarım Fide Zirai Dan. Mim. İnş. Nak. Pey. Taahh. İth. İhr. Ür. Oto Kir. Tur. Tic. Ltd. Şti.

The Board’s decision No. 26-19/569-214 dated 21 May 2026 was published on 22 October 2026. Bambus’s settlement application dated 13 March 2026 was accepted by the Board’s decision dated 16 March 2026; the settlement negotiation was held on 25 March 2026; and the settlement submission sent pursuant to the interim settlement decision No. 26-15/414-MUA dated 22 April 2026 was entered in the Authority’s records on 8 May 2026. The decision states that the documents relating to the infringement in respect of Bambus cover the period 12 November 2021 – 5 January 2022. The decisions also include the finding that, in a message dated 17 December 2021, a Member of the Board of Directors of Bambus asked the Manager of Marmara to send “the prices they had determined together”, and that on the same date a similar document was shared in the WhatsApp group as the “İzmir Meeting Decisions”.

The Board's Assessment

The Board unanimously held that the undertaking infringed Article 4 of Law No. 4054, and decided that an administrative fine of TRY 2,515,871.30 be imposed on the basis of its 2024 gross revenue, that a reduction of 25% be applied as a result of the settlement procedure, and that a final administrative fine of TRY 1,886,903.47 be imposed.

UndertakingDecision No.Fine before reductionFinal fine (25% reduction)
Maki Tarım ve Tic. AŞ26-19/572-217TRY 4,861,152.31TRY 3,645,864.23
Kaya Fide Tic. Ltd. Şti.26-19/571-216TRY 3,725,514.45TRY 2,794,135.84
Kumluca Deniz Fide Tarım İnş. Taah. Tic. ve San. Ltd. Şti.26-19/570-215TRY 3,134,036.73TRY 2,350,527.55
Bambus Tarım Fide26-19/569-214TRY 2,515,871.30TRY 1,886,903.47
05
Framework for the Calculation of the Administrative Fine and the Settlement Procedure

All four decisions state that, in calculating the administrative fine, the repealed Regulation on Fines dated 15 February 2009 and the Regulation on Administrative Fines to be Imposed in Cases of Agreements, Concerted Practices and Decisions Restricting Competition and Abuse of Dominant Position, published in the Official Gazette No. 32765 dated 27 December 2024, were compared, and that the new Regulation was taken as the basis “since no more favourable or less favourable situation arose”. According to the decisions, as the duration of the infringement was shorter than one year, no increase was applied to the base fine on account of duration; no aggravating factor was found in the file; and a reduction was applied to the fine rate on the basis of mitigating factors pursuant to the first paragraph of Article 7 of the Regulation. The reduction rates and the fine rates are not shown in the published texts of the decisions.

The Legislation Provides

Pursuant to the fifth paragraph of Article 43 of Law No. 4054, “After the commencement of the investigation, the Board may, upon the request of the parties concerned or ex officio, initiate the settlement procedure, taking into account the procedural benefits arising from the swift conclusion of the investigation process and the differences of opinion regarding the existence or scope of the infringement. The Board may settle with undertakings or associations of undertakings against which an investigation has been initiated and which accept the existence and scope of the infringement, until the notification of the investigation report.” Pursuant to the seventh paragraph of the same Article, a reduction of up to twenty-five per cent may be applied to the administrative fine as a result of the settlement procedure. The decisions state that, pursuant to Article 8 of the Regulation on the Settlement Procedure, the settlement submission must contain a declaration accepting the existence and scope of the infringement, acceptance of the maximum fine rate and amount, and the point that “the administrative fine and the matters contained in the settlement submission may not be made the subject of legal proceedings by the settling party”; it was found that the settlement submissions sent by the four undertakings within the prescribed period contained these elements. The decisions were taken subject to judicial review before the Ankara Administrative Courts within 60 days of the notification of the reasoned decision.

06
Merger, Exemption and Negative Clearance Decisions Announced by Short-Form Decision
Meeting of 15 October 2026

According to the “Latest Board Decisions” section of the Authority’s website, by its decision No. 26-38/1047-446 dated 15 October 2026 the Board approved the transaction whereby Mina Roasters Holdings SPV Ltd., which is controlled by MAIR Group P.J.S.C., acquires direct sole control over Eslab Kahve Gıda Sanayi ve Ticaret AŞ through the acquisition of a certain proportion of the shares of Eslab Kahve. By its decision No. 26-38/1051-448 dated 15 October 2026, the Board granted an individual exemption to the Distribution Agreement to be concluded between Yapı ve Kredi Bankası AŞ, Yapı Kredi Portföy Yönetimi AŞ, AZ International Holdings SA and Azimut Portföy Yönetimi AŞ concerning the offering of portfolio products. By its decision No. 26-38/1041-444 dated 15 October 2026, the Board granted negative clearance, within the framework of Article 8 of Law No. 4054, to the agreement concerning the physical division of the idle part of the factory owned by Onbiron Yapı Malzemeleri Sanayi Ticaret AŞ, which Solterra Kimya Sanayi AŞ uses as lessee, and its lease to Onbiron Kimya Sanayi ve Ticaret AŞ.

Meeting of 8 October 2026

By its decision No. 26-37/1012-430 dated 8 October 2026, the Board granted conditional approval to the transaction whereby all of the shares of Enerji Petrol Denizcilik Ticaret ve Sanayi AŞ are acquired by Alka EP Enerji Anonim Şirketi, which is under the sole control of Alkagesta Private Limited Liability Company, and control of the companies Karden Denizcilik, Demre Tanker and On Temmuz Denizcilik, which are controlled by Enerji Petrol Denizcilik, is acquired by Alkagesta Denizcilik Nakliyat ve Ticaret Anonim Şirketi. The short-form decision does not set out the content of the conditions. At the same meeting, by decision No. 26-37/1013-431, an individual exemption was granted to the Non-Life and Life Insurance and Private Pension Agency Agreement signed between ZURICH Sigorta AŞ and Alternatifbank AŞ; by decision No. 26-37/1003-425, the acquisition of joint control over DCC Energy plc by KKR & Co. Inc. and Bridgepoint Group plc through Dragon Bidco Limited was approved; and by decision No. 26-37/1004-426, the establishment of a full-function joint venture by investment entities controlled by Platinum Equity and Nestlé S.A. in respect of the business line comprising the packaged water activities of Nestlé S.A. was approved.

07
Conclusion

The reasoned decisions Nos. 26-19/569-214, 26-19/570-215, 26-19/571-216 and 26-19/572-217 dated 21 May 2026, taken by the Competition Board through the settlement procedure in respect of Maki Tarım ve Tic. AŞ, Kaya Fide Tic. Ltd. Şti., Kumluca Deniz Fide Tarım İnş. Taah. Tic. ve San. Ltd. Şti. and Bambus Tarım Fide within the scope of the investigation conducted in the seedling sector, were published on 22 October 2026. In all four decisions, it was held that the undertakings infringed Article 4 of Law No. 4054 by engaging in conduct aimed at determining prices and sales conditions with their competitors; following a reduction of 25% as a result of the settlement procedure, administrative fines of TRY 3,645,864.23 on Maki, TRY 2,794,135.84 on Kaya, TRY 2,350,527.55 on Kumluca Deniz Fide and TRY 1,886,903.47 on Bambus were imposed. The decisions concern the conclusion, solely in respect of these four undertakings, of the investigation opened against FİDEBİRLİK and eighteen undertakings by decision No. 25-43/1054-M dated 20 November 2025; there is no published final decision in respect of the other parties in the period covered by this update.

The “Latest Board Decisions” section of the Authority’s website announced, by short-form decisions, that at the Board’s meeting of 15 October 2026 the acquisition of Eslab Kahve was approved, an individual exemption was granted to the distribution agreement between Yapı Kredi and Azimut, and negative clearance was granted to the lease agreement to which Solterra Kimya is a party; and that at its meeting of 8 October 2026 conditional approval was granted to the acquisition of Enerji Petrol Denizcilik, an individual exemption was granted to the agency agreement between Zurich Sigorta and Alternatifbank, and the transactions concerning DCC Energy and the packaged water business line of Nestlé were approved. The reasoned texts of these decisions have not yet been published.

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