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Editorial

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

 

Quarterly Update on Trade Defense Cases in Turkey (June 2019)

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

European Union’s Regulation on Online Intermediation Services and Search Engines

European Union's ("EU") proposal for regulation on online intermediation services and search engines ("Regulation") is expected to be published shortly on the Official Journal of the European Union and become effective twelve months following its date of publication.

The purpose of the Regulation is set out as contributing to the proper functioning of the internal market by laying down rules to ensure that business users of online intermediation services and corporate website users in relation to online search engines are granted appropriate transparency, fairness and effective redress possibilities.

Turkish Medicines and Medical Devices Agency Announces Draft Regulation

Turkish Medicines and Medical Devices Agency Announces Draft Regulation on Sales, Advertising and Promotion of Medical Devices

The Turkish Medicines and Medical Devices Agency ("Agency") announced the Draft Regulation on Sales, Advertising and Promotion of Medical Devices ("Draft Regulation") on May 9, 2019. The Draft Regulation will replace the Regulation on Sales, Advertising and Promotion of Medical Devices ("Regulation") currently in force. Through the announcement, the Agency expressed that the Regulation requires an amendment as a result of practical matters presented during the implementation of the Regulation and the current needs of the sector. The Agency has invited suggestions and comments from concerned parties until close of business on June 9, 2019, by post or through the Agency's official e-mail address.

Cinema Sector Still Tangled Up In Revenue Sharing Models

Cinema Sector Still Tangled Up In Revenue Sharing Models: The Turkish Competition Board Decided Not To Initiate a Full-fledged Investigation

Quarterly Update on Trade Defense Cases in Turkey (March 2019)

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

Mert Karamustafaoglu has been promoted as Partner and Competition & Compliance Leader

We are very proud of announcing that Mert Karamustafaoglu has been promoted as Partner and Competition & Compliance Leader, as of January 1, 2019.

Quarterly Update on Trade Defense Cases in Turkey (December 2018)

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

Turkey Aligns its Medical Device Regulation with the EU Regulation

In May 2017, Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices ("EU Regulation") entered into force, stipulating a transition period for medical device manufacturers to comply with the EU Regulation by May 2020.

Recent Developments in the Right of Access to Files

January 2019 - EU & Competition. Legal Developments by Erdem & Erdem Law Office.

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The parties of an investigation that is conducted in accordance with the Act on the Protection of Competition No. 4054 ("Competition Act") may enjoy the right to access the files concerning them that are drawn up by the Competition Authority ("Authority"). The procedures and principles related to use of this right are regulated via Communique on the Rules for Access to Files and the Protection of Trade Secrets No. 2010/3 ("Communiqué"). For the parties, it is very important to exercise their right to access to files properly, since the relevant right has a direct correlation to their right to defense. Therefore, this article focuses on the discussions that may rise during the exercise of the right to access the files in light of the recent Competition Board ("Board") decisions...

Quarterly Update on Trade Defense Cases in Turkey (September 2018)

After Turkey's recent change to executive presidency, the President has made some changes in the government system.

Quarterly Update on Trade Defense Cases in Turkey, June 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.

During the second quarter of 2018, the Ministry has initiated a number of anti-dumping and anti-circumvention investigations and announced its decisions upon concluding several of the ongoing investigations.

Turkish Competition Board Acknowledged that Reassessment of a Decision Must Not Harm the Appellant

A.     Introduction

The Competition Board ("Board") has recently published its reasoned decision[1] in its reassessment of the Turkish Pharmacists Association (Türk Eczacıları Birliği) ("TPA") case, following the annulment decision[2] rendered by the 13th Chamber of the High State Court ("High State Court"). The High State Court's ruling was made as a result of the TPA's appeal against the Board's earlier decision[3] concerning the TPA's practices, which examined allegations that the TPA had fixed pharmacies' purchasing terms and conditions in non-market circumstances. Pursuant to the investigation, the Board found that the TPA had violated Article 4 of the Law No. 4054 on the Protection of Competition ("Law No. 4054"), and imposed an administrative monetary fine corresponding to 3% of the TPA's revenues for the 2009 fiscal year.

[1] The Board's decision dated April 5, 2018, and numbered 18-10/185-88.

[2] The 13th Chamber of the High State Court's decision dated December 16, 2014, and numbered 2010/4769 E. and 2014/4294 K.

[3] The Board's decision dated July 8, 2010, and numbered 10-49/912-321.

Anti-Corruption Climate in Turkey: A Quick Guide for Multinational Companies

The Current Legal Landscape and Major Areas of Risk Exposure Based on Practical Experience

As an emerging market, Turkey is rightly considered to be a business and commercial hub for the EMEA region, as well as an important market for many multinational companies. In 2017, Turkey received a score of 40 points in Transparency International's Corruption Perceptions Index, on a scale of 0 ("highly corrupt") to 100 ("very clean"). As this score is relatively closer to the lower end of the scale and since Turkey's anti-corruption efforts are an ongoing progress and its related legislation is continuously evolving, multinational companies that are currently active in Turkey (or will be in the future) should keep themselves well-informed about the local anti-corruption climate and strive to stay up-to-date about any new developments. This will enable multinationals to take precautionary measures that could mitigate their liabilities under extraterritorial legislative anti-corruption regimes, such as the US Foreign Corrupt Practices Act (FCPA) and the UK Bribery Act (UKBA), as well as relevant domestic laws in Turkey.

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.

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:

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.

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

Quarterly Update on Anti-Dumping Cases in Turkey (December 2017)

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.

DOJ Makes the Pilot Program Permanent and Announces FCPA Corporate Enforcement Policy

The US Department of Justice ("DOJ") had announced a pilot program[1] ("Pilot Program") on April 5, 2016, which created new mitigation opportunities for companies that (i) voluntarily self-disclosed, (ii) cooperated fully, and (iii) took timely and appropriate remedial actions in FCPA matters that fell within the Fraud Section's mandate. The Pilot Program was to remain in effect for 1 year, starting from the day of its announcement. On March 10, 2017, the Acting Assistant Attorney General, Kenneth A. Blanco, announced in a speech that the Pilot Program would continue in full force until the DOJ reached a final decision on whether to extend it, and what revisions, if any, should be made to it.[2] The evaluation period of the Pilot Program ended on November 29, 2017, when Deputy Attorney General Rod Rosenstein announced the new FCPA Enforcement Policy ("Policy"), which effectively makes the Pilot Program permanent with some revisions. According to Deputy Attorney General Rosenstein, the FCPA Unit received 30 voluntary disclosures during the time period that the Pilot Program was in force, as opposed to 18 voluntary disclosures that were received during the previous 18-month period. The Policy has been incorporated into the United States Attorneys' Manual in order to "be readily understood and easily applied by busy prosecutors" as opposed to being promulgated in memorandum format.[3]

[1] For more information regarding the Pilot Program, please see ELIG's previous article at: http://www.mondaq.com/turkey/x/490980/White+Collar+Crime+Fraud/DOJ+Launches+FCPA+Pilot+Program+For+Voluntary+SelfDisclosure+What+Does+It+Offer

[2]See https://www.justice.gov/opa/speech/acting-assistant-attorney-general-kenneth-blanco-speaks-american-bar-association-national

[3] See https://www.justice.gov/opa/speech/deputy-attorney-general-rosenstein-delivers-remarks-34th-international-conference-foreign

2017 FCPA Enforcement Actions and Highlights

Overall, this was a less active year in terms of Foreign Corrupt Practices Act ("FCPA") enforcement actions, at least when compared to 2016. In 2017, the Department of Justice ("DOJ") took a total of 9 enforcement actions and the Securities and Exchange Commission ("SEC") took a total of 7 enforcement actions. Therefore, we observe that the DOJ has been more active than the SEC in terms of the number of enforcement actions this year. So far in 2017, we have witnessed only 2 declinations within the scope of the Pilot Program,[1] as opposed to 5 declination decisions in 2016.

[1] The pilot program provides companies with the opportunity to receive declination decisions, in case these companies meet the conditions put forth in "The Fraud Section's Foreign Corrupt Practices Act Enforcement Plan and Guidance."

Competition Board grants exemption to Tyre Industrialist Association's waste management plan

The Competition Board recently published its reasoned decision on the Tyre Industrialist Association's application for an exemption for its Waste Management Strategies and Implementation Plan for Worn-out Tyres 2016 to 2020.

New Legislation on Manufacturing Plants of Human Medicinal Products

I - Introduction

Following the enforcement of the new Communiqué on Pricing of Human Medicinal Products last September, the Ministry of Health ("Ministry") rolled up its sleeves for a new regulation concerning human medicinal products: The Regulation on Manufacturing Plants of Human Medicinal Products ("Regulation").

Turkey Amends its Legislation on Pricing of Human Medicinal Products

Early this year, on February 6th, 2017, the Ministerial Cabinet has published its decision on Pricing of Human Medicinal Products ("Decision") and announced that the requirements of the Communiqué on Pricing of Human Medicinal Products (published in 2015) that do not conflict with the Decision, shall remain applicable.

This transition process has come to an end at the end of last week when, on September 29th, 2017, the Ministry of Health ("Ministry") has published the new Communiqué on Pricing of Human Medicinal Products ("Communiqué") on the Official Gazette.

Quarterly Update on Anti-Dumping Cases in Turkey (July 2017)

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 Introduces a New Regulation on Packaging in line with EU Directives

Turkey Introduces a New Regulation on Packaging, Inserts and Tracking of Pharmaceuticals, in line with EU Directives

I - Introduction

On April 25th, 2017, the Ministry of Health ("Ministry") has published the Regulation on Packaging Information, Inserts and Tracking of Medicinal Products for Human Use ("Regulation") on the Official Gazette.

Upon publication of the Regulation, the Regulation on Packaging and Labeling of Human Medicinal Products published on August 12th, 2005 ("Abolished Regulation"), has been abrogated.

The Regulation has been prepared within the scope of "legislative harmonization", in consideration of the Directive 2001/83/EC on the Community code relating to medicinal products for human use and Directive 2011/62/EU, as regards the prevention of the entry into the legal supply chain of falsified medicinal products.

In a nutshell, the Regulation governs principles as to the notifications to be made by sellers/importers for tracking of the distribution chain and includes information required on the packaging and inserts of medicinal products for human use.

Determination of Injury in Anti-Dumping Investigations: Turkey’s Side of the Story

I - Introduction

In a world ruled by the global economy, protection of international trade from unfair competition holds great importance. Unfair competition can develop out of various trade forms such as dumping or subsidy. Between global players, such protection against these forms is maintained through customs taxes and other similar foreign trade policies like anti-dumping measures.

Quarterly Update on Anti-Dumping Cases in Turkey

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.

Recent Developments and Legal Landscape on Procurement of Medicines from Abroad

I - Introduction and Recent News on the Assignment of the Duties to Social Security Institution

In Turkey, import and sale of medicines are subject to licensing requirements of the Ministry of Health ("Ministry"). The principle is that medicines which are not licensed in Turkey cannot be put on the Turkish market. "Procurement of medicines from abroad" mechanism, on the other hand, brings an exception to this rule.

Turkey’s request for consultations against Morocco’s anti-dumping measures

I          Background

 

In September 2014, following an anti-dumping investigation period, Morocco has imposed an 11 % tax duty against Turkish hot-rolled steel exporters which has created fuss in Turkish hot-rolled steel market and exporters.

 

Upon Morocco's anti-dumping measures on hot-rolled steel, in October 2016, Turkey has filed a "Request for Consultations" against Morocco before the World Trade Organization ("WTO")[1]. In its request for consultations, Turkey alleges that anti-dumping duties imposed by Morocco in September 2014 on imports of Turkish hot-rolled steel are inconsistent with a number of procedural and substantive provisions of the WTO's Anti-Dumping Agreement, the Agreement on Import Licensing Procedures as well as the General Agreement on Tariffs and Trade 1994.

See at  https://www.wto.org/english/news_e/news16_e/ds513rfc_05oct16_e.htm

 

An Overview of Margin Squeeze in Turkish Competition Law

I.     Overview

Article 6 of Law No. 4054 on the Protection of Competition (the "Law No. 4054") entitled  "Abuse of Dominant Position" provides a general prohibition of abuse and a non-exhaustive list of examples. Although the list does not specifically categorize margin squeeze (or price squeeze) as a form of abuse, margin (price) squeeze was listed as a form of exclusionary abuse under the Guidelines on the Assessment of Exclusionary Abusive Conduct by Dominant Undertakings published in January 2014.

An Analysis of Remedies in Concentrations under Turkish Competition Law

I. Introduction

Merger remedies have an important role in the assessment of problematic concentrations which also create certain efficiencies. Since 2014, the number of the transactions that have been made subject to Phase II review by the Turkish Competition Board has shown increase. In connection with this trend, it is also observed that remedies are implemented to remove competition law concerns raised by some of these mergers. Accordingly, the importance of conditional clearances and the remedies has been strengthening under Turkish merger control regime.

Appointed Members of the Turkish Competition Board Published on Official Gazette on June 24, 2015

The three vacancies of the Turkish Competition Board ("Board"), the competent decision-making organ of the Turkish Competition Authority, which have been vacant for almost three months, have now been filled.

AN OVERVIEW ON THE TURKISH COMPETITION BOARD’S RECENT PHASE II DECISIONS

I.  Introduction

Following the introduction of the amendments regarding the turnover thresholds under Communiqué No. 2010/4 on Mergers and Acquisitions Requiring the Approval of the Competition Board ("Communiqué No. 2010/4") by Communiqué No. 2012/3 on the Amendment of Communique 2010/4 on the Mergers and Acquisitions Subject to the Approval of the Competition Board ("Communiqué No. 2012/3"), the merger control review cases reviewed by the Competition Board (the "Board") have been progressively decreasing since 2013. That being said, the Board's Phase II decisions were considerably increased in 2014, which results in strengthening the importance of remedies and conditional clearances under Turkish merger control enforcement.

Unfair Competition

Unfair competition is regulated in the Turkish Commercial Code ("TCC") Law No: 6102 and the Competition Law On the Protection of Competition ("The Competition Law"), Law No: 4054.

Unfair Competition

Unfair competition is regulated in the Turkish Commercial Code ("TCC") Law No: 6102 and the Competition Law On the Protection of Competition ("The Competition Law"), Law No: 4054.

 

Notification Requirement of Foreign-to-Foreign Transactions under the Turkish Merger Control Regime

Per the general application of the effects theory, transactions that do not directly or indirectly  impact Turkish markets are outside the scope of the Turkish merger control regime. The Turkish Competition Board ("Board") applied the effects theory in some of its decisions regarding highly exceptional foreign-to-foreign transactions. However, the precedent line of the Board suggests that a mandatory merger control filing will be required, as long as the parties exceed the turnover threshold applicable under Article 7 of CommuniquĂ© No. 2010/4 on the Mergers and Acquisitions Subject to the Approval of the Competition Board ("CommuniquĂ© No.2010/4"), regardless of whether the contemplated post-transaction entity will have operations and/or generate turnover in Turkey. This interpretation of the effects theory and the Board's current understanding of this concept are closely related to the notifiability of foreign-to-foreign transactions with extremely low or even no effects in Turkey.

Assessment of the Turkish Competition Board Decisions Regarding Restriction of Online Sales

Online sales numerous advantages have rendered them increasingly popular during the past years. The internet, due to its unique characteristics, provides companies with an enlarged geographic scope, thus enabling them to promote their products widely, avoiding, at the same time, the operational costs of a brick and mortar shop. From the customers' perspective, it enhances consumers' variety of choice and their ability to virtually compare prices from several stores.

Boundaries of the Turkish Competition Authority’s Investigative Powers

Boundaries of the Turkish Competition Authority's Investigative Powers: Case Handlers vs. Personal Property

Dawn raids are a key form of investigative tool for the competition authorities. Officials may have broad powers to inspect corporate and residential premises, to seize and/or copy documents, e-mails and other records, and to interview employees. European Commission's ("Commission") investigative powers had undergone a dramatic change with Regulation 1/2003 back in 2004[1] and it seems that the Turkish Competition Authority ("Authority") intends to follow its European counterpart in terms of investigatory authority after almost a decade: The draft law ("Draft Law") to amend Law No. 4054 on the Protection of Competition ("Competition Law") which was brought before the Presidency of the Turkish Parliament in January 2014[2], if enacted, will grant additional extended investigative powers to the Authority including the power to inspect not just the undertakings', but also their employees' books, documents and data, preserved in "premises of any nature". Under Competition Law, without any doubt, the Authority currently does not have the right to examine the personal property of an undertaking's employees. This article aims to provide an insight on the Authority's current investigatory powers and practice regarding the collection of personal property and data during inspections, as well as the potential implications of the Draft Law on the right to private life in Turkey.



[1] Wils, W. (2013) Ten Years of Regulation 1/2003 - A retrospective, available at <http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2274013>

[2] For further information on the Draft Law, see Gurkaynak, G., On the Verge of Change: Turkish Competition Law (2014), available at  <http://www.mondaq.com/x/290632/Antitrust+Competition/On+the+Verge+of+Change+Turkish+Competition+Law>

 

Potential Consequences of Acquisitions of Minority Shareholdings under Turkish Competition Law

The acquisition of a minority shareholding may come under the Turkish Competition Authority's ("Authority") scrutiny in two ways, mainly: 1) it may result in de facto or de jure sole or joint control, depending on the rights possessed by the minority shareholders and/or shareholding structures and past voting patterns; and 2) it may not result in control but in cross-shareholding structures amongst competitors in a concentrated market which may raise questions about coordinated effects. This article discusses the circumstances under which the abovementioned consequences may arise under Turkish competition law with references to the relevant legislation and the most noteworthy cases in this regard.

Competition Law Update - Turkey – 2013

The year 2013 brought a lot of changes in Turkish competition law. It seems to be one of the most important years for the modernization of Turkish competition legislation. Some of the most significant advancements are as follows.

DE-LISTING OF TURKISH PUBLIC COMPANIES

October 2010 - EU & Competition. Legal Developments by Pekin & Bayar Law Firm.

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Although there have been solid written rules as to how a company could be listed on the Istanbul Stock Exchange (the “ISE”), the Capital Markets Board (the “CMB”) had not provided for any rules on de-listing of companies quoted and being traded on the ISE until very recently.

TURKEY – EU ACCESSION NEGOTIATONS OPENING OF NEW CHAPTERS AND THEIR IMPLICATIONS

September 2010 - EU & Competition. Legal Developments by ADMD Law Office .

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On June 30th, 2010, a new chapter of the accession negotiations between the European Union and Turkey was opened, on the very last day of the Spanish presidency.

WHISTLEBLOWING UNDER TURKISH LAW

The definition of “whistleblowing” in the Thesaurus of the International Labour Organization (ILO) is: “The reporting by employees or former employees of illegal, irregular, dangerous or unethical practices bty employers.” To protect both private and public-sector whistleblowers from occupational harm such as dismissal, suspension, demotion, forced or refused transfers, ostracism, reprisals, threats, or petty harassment, an increasing number of countries are adopting legislation on whistleblowing procedures. The global corruption-monitoring organization Transparency International has described whistleblowing as a 4-stage process :

ABUSE OF DOMINANT POSITION

December 2009 - EU & Competition. Legal Developments by Paksoy.

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Market competition is regulated in Turkey by the Competition Law enacted on 7 Decem-ber 1994. The regulatory authority is the Competition Authority and the decision-mak-ing body is the Competition Board. The Com-petition Law has three pillars: (i) agreements, decisions and practices preventing, distort-ing or restricting competition in markets for goods and services; (ii) abuse of dominance by the undertakings dominant in the market; and (iii) the control of mergers and acqui-sitions that could lead to the creation or strengthening of a dominant position.

NON-COMPETITION CLAUSES UNDER TURKISH COMPETITION JURISPRUDENCE

January 2009 - EU & Competition. Legal Developments by Cerrahoglu Law Firm.

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Any concentration between the parties may also include certain restrictions. Especially, restrictions are imposed on the vendor if the vendor has substantial know-how, customer portfolio and distribution network in the market and the purchaser is new to the market in question. In such situations, non-compete and non-solicitation clauses, restrictions on intellectual property rights and supply and purchase agreements may be imposed on the vendor in order to protect the business and the goodwill of such business acquired by the purchaser. Such restrictions are generally defined as “ancillary restrictions” under competition legislation. Under normal circumstances they would be considered as restricting competition in the market; however, in case of implementation of a concentration, they are not considered as anti-competitive but necessary if the scope, duration and the geographical area of such restrictions do not exceed what the implementation of the concentration reasonably requires.

Past and Present Difficulties in Turkish Competition Policy

September 2008 - EU & Competition. Legal Developments by ADMD Law Office .

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At the Helsinki European Council in December 1999, the Republic of Turkey was officially recognized as an accession candidate country to join the European Union. Negotiations pertaining to accession talks include Turkey’s competition policy. The 2005 accession talks in Brussels required Turkey to align itself with the European Union Legislation.

Amendments to Law No. 4054 on the Protection of Competition in Turkey

Law No - 4054 on the Protection of Competition (the "Law") has been substantially amended by Law No: 5728 published in the Official Gazette on 8 February 2008 (the "Amendments"). The Amendments provide for: (i) the calculation of fixed fines; (ii) the introduction of new fines to be levied against the directors and employees of the undertakings who exerted decisive influence that resulted in the infringement of the Law; (iii) the introduction of a leniency mechanism; and lastly (iv) the collection of fines. 

The Amendments are expected to significantly increase the enforcement powers of the Competition Board (the "Board").

CONTEMPORARY TURKISH COMPETITION LAW ENFORCEMENT IN CARTEL CASES: RECENT DEVELOPMENTS

Contributed by Gönenç Gürkaynak, Esq.
Partner
ELIG, Attorneys-at-Law
April 2007

 

In the 10 years since the competition legislation came into force in Turkey, sectors have faced a vast number of antitrust investigations.

The Competition Law of Turkey

November 2005 - EU & Competition. Legal Developments by A&L Goodbody.

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The Article 167 of Turkish Constitution attributed to the government the duty to take ?for money, credit, capital, product and service markets, measures providing and improving healthy and regular procedures? to prevent ?monopolization and cauterization created as result of activity or agreement in the markets?.