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The Legal 500 Hall of Fame highlights individuals who have received constant praise by their clients for continued excellence. The Hall of Fame highlights, to clients, the law firm partners who are at the pinnacle of the profession. In Europe, Middle East and Africa, the criteria for entry is to have been recognised by The Legal 500 as one of the elite leading lawyers for seven consecutive years. These partners are highlighted below and throughout the editorial.

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Turkey > Legal Developments > Law firm and leading lawyer rankings

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Press releases and law firm thought leadership

This page is dedicated to keeping readers informed of the latest news and thought leadership articles from law firms across the globe.

If your firm wishes to publish press releases or articles, please contact Shehab Khurshid on +44 (0) 207 396 5689 or shehab.khurshid@legalease.co.uk

 

Examination of Non-Compete Obligations in the Articles of Association of a Joint Venture

Examination of Non-Compete Obligations in the Articles of Association of a Joint Venture under Competition Law and Commercial Law - An Overview in Light of the Turkish Competition Board's WKS Istanbul Decision of 8 February 2018

 

A. A. Introduction

The Turkish Competition Board (the "Board") has recently published its reasoned decision[1] with respect to its ex officio preliminary investigation on (i) the validity of the non-compete obligation in the articles of association ("AoA") of a joint venture company, namely WKS Istanbul Tekstil Kalite Kontrol Hiz. Ltd. Ĺžti. ("WKS Istanbul"), which is active in quality control of textiles and (ii) the parties' request for negative clearance of the relevant non-compete obligation.

The preliminary investigation concerned the joint venture as well as the parent companies, namely Enco Ä°stanbul Seyahat ve TaĹź. Tic. Ltd. Ĺžti. ("Enco") which provides international road, rail and sea transportation, warehousing, local complete/partial distribution and customs clearance services; Meyer&Meyer Vermaltungs Und Beteiligungsgesellschaft Mbh ("Meyer&Meyer") which provides services regarding quality control, fix and process, warehousing and transport of fabrics; and WKS Textilveredlungs Gmbh ("WKS GmbH") which is active in processing and trading services of textiles.

 

[1] The Board's decision dated February 8, 2018 and numbered 18-04/58-32.

Data Controllers’ Handbook to Inform Data Subjects About Their Rights

Under the Turkish data protection law ("DPL"), data subjects have the right to learn who processes their personal data, the purposes and legal bases of these processing activities, and to whom and for what purposes such personal data are transferred. These rights arise from the data controllers' obligation to inform data subjects about their processing activities. During the collection of personal data, the data controller or any other person authorized by the data controller is obliged to provide data subjects with certain information, such as the identity of the data controller and of his representative (if any), the purposes of the processing, to whom and with what purpose the processed personal data can be transferred, and the method and legal reason/basis of collection. The same article of the DPL further requires data controllers to provide information to data subjects about certain other rights, as discussed below.

Working Arrangements for Non-Resident Foreign Companies’ Turkey Operations

May 2018 - Employment. Legal Developments by ELIG, Attorneys-at-Law .

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Working Arrangements for Non-Resident Foreign Companies' Turkey Operations Conducted through Local Individuals

Introduction

In our globalized world where trade has no borders, it is a usual practice for companies to conduct operations in different countries, including Turkey. Some foreign companies prefer having an establishment in Turkey, such as a local subsidiary company, while conducting their operations in Turkey, whereas some foreign companies prefer to stay as non-resident in Turkey and conduct their operations in Turkey through local individuals. The main reason for companies choosing the latter may be that the works that needs to be performed in Turkey may require only a few individuals, thus having an establishment for such a small business may be considered as a burden for the company.

Turkey Moves to Improve the Investment Environment

I.    Introduction

The Law on the Amendment of Certain Laws for the Improvement of the Investment Environment No. 7099 ("Law") was published in the Official Gazette last month (March 10, 2018) and introduced significant amendments to various laws, including the Turkish Commercial Code No. 6102 ("TCC"), the Tax Procedural Law, the Law on Legal Fees and the Law on Movable Property Pledges in Commercial Actions.

One Step Closer to EU Approach: Amended Guidelines on Vertical Agreements

The Turkish Competition Authority ("Authority") completed its work in progress on revising the Guidelines on Vertical Agreements ("Guidelines") that was issued based on the Block Exemption Communiqué on Vertical Agreements ("Communiqué No. 2002/2"). It took approximately 2 years for the Authority to finalize its work. The Authority has published the updated version of the Guidelines on its official on March 30, 2018 (Friday). Below is the summary of amendments made in the Guidelines:

Turkey Regulates Broadcasting Services Provided Through the Internet

I. Introduction

Turkey recently enacted an amendment to the Turkish radio and television legislation that will regulate radio, television and on-demand broadcasts provided through internet and have these services and their providers (media service providers and platform operators - please see their definitions under II) under the supervision and authority of the Radio and Television Supreme Council ("RTUK"). The amendment entered into force on March 28, 2018. Providers of radio, television and on-demand services through internet and platform operators transmitting these broadcasts will need to obtain a license from the RTUK as of this date.

Quarterly Update on Trade Defence Cases in Turkey (March 2018)

In Turkey, the authority to initiate dumping or subsidy examinations, upon complaint or, where necessary, ex officio, is given to the Ministry of Economy ("Ministry"). Within the scope of this authority, the Ministry announces its decisions with the communiqués published on the Official Gazette.

Turkey Regulates Broadcasting Services Provided Through the Internet

I. Introduction

 

Turkey recently enacted an amendment to the Turkish radio and television legislation that will regulate radio, television and on-demand broadcasts provided through internet and have these services and their providers (media service providers and platform operators – please see their definitions under II) under the supervision and authority of the Radio and Television Supreme Council (“RTUK”). The amendment entered into force on March 28, 2018. Providers of radio, television and on-demand services through internet and platform operators transmitting these broadcasts will need to obtain a license from the RTUK as of this date.

New Era for FX Loans and FX Denominated Loans

April 2018 - Finance. Legal Developments by ELIG, Attorneys-at-Law .

More articles by this firm.

This article will address major amendments and novelties stipulated for foreign exchange and foreign exchange denominated loans.

In the first quarter of 2018, taking into consideration the current foreign exchange risks, the Council of Ministers announced a decree and a communiqué amending Decree No. 32 on Protection of the Value of Turkish Currency (published in the Official Gazette dated August 11, 1989, No. 20249) (the "Decree No. 32") and the Communiqué on Decree No. 32 on Protection of the Value of Turkish Currency (published in the Official Gazette dated February 28, 2008 and numbered 26801) (the "Communiqué No. 2008-32/34"), in the Official Gazette dated January 25, 2018, which will be put into force on May 2, 2018.

The Council of State Dismissed Tüpraş’s Appeal against Turkish Competition Authority’s Record

The Council of State Dismissed TĂĽpraĹź's Appeal against the Turkish Competition Authority's Record Fine for Abuse of Dominance

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