2010 ilerleme raporu - Avrupa Birliği Bakanlığı

Conclusion
Overall, alignment of the legislation with the acquis is relatively high, although
implementation and enforcement are still problematic. Turkey’s decision to agree to establish
an IPR working group with the Commission is a positive development addressing a key
element of the accession negotiations on this chapter. Adoption of crucial updated draft laws
regulating industrial property rights, including deterrent criminal sanctions, is pending. Closer
coordination and cooperation between the IPR-related public bodies and specialised IPR
enforcement units is of the utmost importance. IPR holders should be better represented in
public IPR platforms. Greater public awareness of the risks which counterfeit and pirated
goods pose to consumer safety, public order and health should also be a priority.
Inconsistencies in practices between the different IPR courts and discrepancies between TPI
and court decisions persist and reliable statistics are still not available.
4.8. Chapter 8: Competition policy
Turkey made some progress in the field of antitrust. The Competition Authority adopted two
sets of implementing legislation. These rules introduce defendants’ right to oral hearings, the
rights of access to case files and rules on protection of business secrets. The Competition
Authority and the Public Procurement Authority signed a protocol facilitating exchanges of
information and cooperation for handling competition infringements in public tenders.
However, Turkey needs to transpose the acquis on horizontal cooperation agreements and the
de minimis rules. Moreover, the Turkish Competition Act does not apply to banking mergers
and acquisitions of market shares below 20%.
The Competition Authority’s overall administrative capacity is high. It has a satisfactory level
of administrative and operational independence and is committed to providing a high level of
training for its staff. The authority has a solid track record on implementing the competition
rules.
There has been no progress towards alignment of the rules concerning public undertakings
and undertakings holding exclusive and special rights.
Good progress can be reported in the area of State aid. The law on monitoring and
supervision of State aids has been adopted. It also establishes a competent authority for this
task, which is supported by an institutional structure within the Undersecretariat of Treasury,
has been adopted. These bodies now need to become operational as soon as possible. The law
provides provisions on notification and monitoring of aid schemes in line with Turkey's
Customs Union obligations. The services sector is excluded from its scope.
In 2009, Turkey adopted a stimulus package targeting the least developed regions of the
country. Some parts of this package have yet to be adjusted to Customs Union rules.
Little progress was made on State aid to the steel sector. State practices in support of this
sector between 2001 and 2006 need to be finally assessed. No progress has been made in
establishing institutions or a legal framework to regulate state aid in the transport or energy
sector.
Conclusion
In the field of antitrust and merger control, Turkey has a high level of alignment. It is
enforcing the competition rules effectively. The Competition Authority continues to enjoy a
satisfactory level of administrative and operational independence. Good progress has been
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