15.08.2025 21:05
Dr. Yavuz Selim Günay, a faculty member at Bilkent University and an expert in technology law, answered questions from Haberler.com. Stating that "Digital markets, especially in areas dominated by global tech giants like Google, are rapidly evolving and the balance of power is increasingly concentrating in favor of a few players," Günay also drew attention to the draft proposing amendments to the Competition Law in the Turkish Grand National Assembly (TBMM).
Dr. Yavuz Selim Günay, a faculty member at İ. D. Bilkent University and an expert in Technology Law, answered questions from Haberler.com.
Günay stated, "Digital markets, especially in areas dominated by global technology giants like Google, are rapidly evolving, and the balance of power is increasingly concentrating in favor of a few players." He also drew attention to the draft amendment to the Competition Law in the Turkish Grand National Assembly.
The interview with Günay is as follows:
1. In recent weeks, the Competition Authority has imposed certain decisions and penalties on Google. How do you interpret these decisions in terms of Turkey's digital markets? Can we consider this a turning point in Turkey's competition policies?
The Competition Authority has opened seven investigations against Google to date. Most of these resulted in administrative fines and behavioral obligations.
One of the investigations conducted by the Competition Authority regarding Google was concluded in 2021. At that time, the Authority determined that Google was gaining an advantage by promoting its own local search and accommodation price comparison services ahead of its competitors in general search results. It was concluded that this behavior was anti-competitive, and the company was fined approximately 296 million TL. The decision was not limited to just a monetary fine; Google was also required to redesign its services in a way that would not disadvantage competing services. Additionally, it was mandated to report developments regarding this compliance process to the Authority at regular intervals.
However, recent developments indicate that this story is not yet over. The Competition Authority found that a new service launched by Google under the name "Business Ads" was very similar in nature and function to the behaviors prohibited by the 2021 decision. According to the Authority's assessment, a service that restricts competition in the same way was presented to the market under a different design and name this time. Following this determination, Google withdrew the relevant design of the service. However, this withdrawal did not eliminate the fact of the violation during the period the design was in effect. Therefore, the Authority imposed a daily administrative fine on the company for the days the violation continued.
This decision may not be an absolute turning point. However, it is quite significant in terms of demonstrating the level of effective oversight capacity in digital markets. Consider this: A technology giant serving billions of users worldwide launches a new service in Turkey; the Competition Authority notices it within days, scrutinizes it, identifies its similarity to previously deemed violations, and swiftly imposes sanctions.
At this point, it is particularly important to emphasize that compliance with competition law by technology giants should no longer be merely "on paper," but should be at the very center of design and product development processes.
2. The decision emphasizes that sanctions will also be applied for non-compliance with previously imposed obligations. What is the significance of this situation in terms of oversight and sanctions against digital platforms?
The Competition Authority defines non-compliance with previously imposed obligations as "ongoing violation," anticipating that the penalty will be recalculated daily as long as the violation continues. Thus, a platform loses the luxury of saying, "I will appeal the decision and prolong the process"; cash outflows begin from the first day of the violation. The same logic was seen in the European Union's Digital Markets Act, where Apple was fined 500 million euros and Meta 200 million euros in April 2025. The Turkish application aims to align with the global regulatory trend by transforming penalties into the daily operational costs of companies, embedding deterrence into their workflows.
3. In which areas does Turkey need stronger and more effective regulations for fair competition in digital markets? What other measures can be taken against global technology giants like Google?
Digital markets, especially in areas dominated by global technology giants like Google, are rapidly evolving, and the balance of power is increasingly concentrating in favor of a few players. This situation restricts the freedom of choice not only for small startups but also for consumers. The need for a legal regulation similar to the European Union's Digital Markets Act is increasingly felt in Turkey.
The draft amendment to the Competition Law currently on the agenda of the Turkish Grand National Assembly includes significant steps in this direction. The draft:
• Defines the concept of significant market power, covering platforms that play the role of "gatekeeper" in the market, meaning those that hold a very strong position in the market.
• Limits the data aggregation activities of these platforms,
• Prohibits them from favoring their own services,
• Mandates the portability of user data and the interoperability of the services offered.
One of the most concrete changes proposed by the draft is the introduction of a "choice screen" for smartphones. Today, when you purchase a smartphone, the device often comes pre-loaded with software such as search engines, browsers, and Google applications. The consumer does not have the opportunity to change these services or choose alternatives during the initial setup of the device. It is known that Google pays phone manufacturers billions of dollars to pre-load its services on smartphones. With the draft, a choice screen will be presented to the user during the initial setup of the phone, allowing the user to freely choose which search engine and browser they want to use on their device.
The draft also proposes preventive measures aimed at ensuring fair competition and transparency in the markets. There is a widespread view in academic circles that these measures will not only protect competition but also provide solutions to the revenue problems of publishers and ensure that algorithms operate more transparently for the public good.
In conclusion, establishing fair competition in digital markets can only be achieved not just by penalizing past violations but also through structural measures. Turkey's swift implementation of steps in this direction will strengthen both consumer choice and the ability of entrepreneurs to compete on equal terms.
4. How does the daily administrative fine imposed under Article 17 of the Law No. 4054 on the Protection of Competition affect the protection of competition in digital platforms? What are your thoughts on the deterrent effect of such sanctions?
Although the daily fine rate may seem low, at one-fifth of a percent of revenue, for companies with high revenues, this daily administrative fine can reach millions of lira within a few weeks.
Such penalties create financial pressure by reducing operational profitability, while also posing significant legal compliance risks. This financial pressure and compliance risk provide a strong incentive to shorten the duration of violations and to implement commitments swiftly. Additionally, the monitoring of each other by competition authorities can lead to a competition investigation in one jurisdiction spilling over to others, and this risk can expand from local to global.
5. Can you discuss the regulations regarding digital platforms that are currently on the parliamentary agenda? What changes might these regulations bring for users and the industry?
The draft law awaiting approval in Parliament for amendments to the competition law adds ex ante regulations for digital platforms to the Competition Law No. 4054, meaning it allows for measures to be taken against the likelihood of a violation occurring before it happens. The new regulation defines large companies providing "core platform services" (such as search engines, app stores, operating systems, social networks, browsers, online advertising, etc.) as "gatekeepers." The gatekeeper status is granted by the Board based on the surpassing of quantitative thresholds such as annual turnover and the number of users/commercial users, or qualitative factors like network effects and data ownership; thus, all major platforms accessing Turkish end-users or commercial users, whether based in Turkey or not, fall under the law's scope.
With this regulation, certain obligations and prohibitions are imposed on platforms designated as gatekeepers. For example, gatekeepers cannot: (i) manipulate the search ranking of their own products and services; (ii) use commercial user data against competitors; (iii) force users into mandatory subscriptions by tying different services together; (iv) allow the deletion of pre-installed applications, make alternative stores and engines the default, and must show consumers a "choice screen"; (v) provide advertising auction processes, pricing rules, and performance data to publishers for free; (vi) offer real-time access and portability of user and commercial user data; (vii) provide necessary API and system access for interoperability of other services for free; (viii) offer fair, reasonable, and non-discriminatory conditions to commercial users. The Board monitors the implementation of these obligations; if violations persist, it automatically imposes daily fines based on turnover.
As seen, the new regulation aims to preemptively curb monopolization risks and create a fairer, more transparent, and competitive digital market for all commercial users, including media and SMEs.
6. Are there any other technical or legal measures that can be taken to ensure competition in digital platforms?
For strengthening competition, the requirement for data portability and interoperability between services is critically important. Users should be able to easily transfer their calendars, photos, contact lists, or advertising campaign data to a different platform. Such a regulation can empower consumer freedom while also creating opportunities for small and medium-sized enterprises looking to enter the market.
From a legal and technical infrastructure perspective, two complementary regulations stand out:
1. Algorithm transparency: Platforms should open their ranking and recommendation mechanisms to independent audits; they should provide content creators and service providers with understandable summaries of why their visibility has decreased or increased. This way, risks of anti-competitive practices like "self-preferencing" can be prevented.
2. Clear and guiding secondary legislation: When the law changes are implemented, the notifications, regulations, and guidelines issued by the relevant institutions should be prepared clearly, practically, and without leaving room for ambiguity. Ensuring predictability in the market plays a critical role in gaining the trust of both domestic and foreign investors.
The simultaneous implementation of these technical and legal steps not only creates a fairer competitive environment but also enhances the capacity of entrepreneurs to innovate and contributes to the formation of an inclusive digital ecosystem where users genuinely have freedom of choice. In such an environment, instead of conditions imposed by a single actor in the market, innovative and diverse services offered by competition come to the forefront.
7. If a fair competitive environment is established in digital markets, what contributions could this have for the Turkish economy and technology sector in the short and long term?
In the short term, as competition increases in terms of price and service quality, consumer welfare rises; venture capital investments and media advertising revenues recover. In the medium term, the contribution of digital data to the economy may grow; internet users who currently rely heavily on Google for site visits may turn to alternative search engines, leading to a more equitable distribution of advertising revenues. In the long term, a healthy digital competitive environment is expected to provide significant benefits to consumers, industry players, and the national economy.
8. How can consumers and digital service users stay informed about developments in this area and protect their rights?
Keeping track of what is happening in digital markets is important not only for industry professionals but also for ordinary users and content creators. In this regard, one of the most reliable sources of information is the official website of the Competition Authority. The Authority publishes all its decisions under the title "Board Decisions." Nearly ten thousand decision texts published since the 2000s are publicly accessible at www.rekabet.gov.tr.
When the regulation expected to be enacted soon comes into force, it may be possible for major digital platforms to publish compliance reports detailing how they comply with ex ante regulations, similar to those in the EU. These reports would enhance transparency and enable consumers, publishers, and small market players to more consciously track their rights.
Ultimately, the goal is to create a more equitable and transparent digital ecosystem where not only users but also all other market actors are aware of their rights and have access to the tools to protect those rights.