The Legal 500

Legal Developments in Turkey

• Single Continuous Infringement Concept and the Practice of the Turkish Competition Authority

  The concept of a single continuous infringement (" SCI ") enables competition authorities to consider a series of agreements or conducts that have the same objective to distort competition in the market as one single continuous infringement. Similar to the approach in the European Union, the Turkish Competition Authority ( Authority ) also considers this concept while assessing a case under Article 4 of Law No 4054 on the Protection of Competition of 13 December 1994 ( Law No 4054 ), which is akin to-if not the same as-Article 101 of the Treaty on the Functioning of the European Union ( TFEU ).
  - ELIG, Attorneys-at-Law

• Exemptions under Data Protection Law

  The Data Protection Law came into force on April 7 2016. It applies to:
  - ELIG, Attorneys-at-Law

• HOW TO CLAIM REFUNDS FOR OVERCHARGED IMPORT TAXES DUE TO SURVEILLANCE CERTIFICATE REQUIREMENTS

  Ministry of Economy determines certain minimum thresholds for certain products in order to force the exporters to pay higher taxes on the products in customs. In this respect, the Ministry determines the minimum value threshold per each kilogram of the imported product and sets forth that any exports into Turkey that does not meet this minimum value threshold shall be required to obtain a surveillance certificate from the Ministry. This is mainly implemented for tax purposes and to protect the local producers in Turkey. Based on new precedent, it is now possible to reclaim such overpaid tax and expenses. 
  - ADMD Law Office

• Changes in Appellate Review System

  I. Introduction
  - ELIG, Attorneys-at-Law

• An Overview of Margin Squeeze in Turkish Competition Law

  I.     Overview
  - ELIG, Attorneys-at-Law

• Legal Due Diligence: Most Common Vulnerabilities of Turkish Companies

  Although it is difficult to provide one global definition for the term "due diligence", we are going to use it below in the sense of an examination, through which a prospective buyer would obtain information about the target entity.  The need for a due diligence usually arises in the context of a takeover, be that an asset deal or a share deal, or it may sometimes be simply utilized for internal purposes. Our discussion below is based on the context of a share deal.
  - ELIG, Attorneys-at-Law

• Cross-border data transfer rules under Data Protection Law

  The Data Protection Law, Turkey's first dedicated general data protection law, was published in the Official Gazette  on April 7, 2016. 
  - ELIG, Attorneys-at-Law

• DOJ Launches FCPA Pilot Program for Voluntary Self-Disclosure – What does it offer?

  On April 5 th , 2016, the Department of Justice ("DOJ") announced the Foreign Corrupt Practices Act Enforcement Plan and Guidance ("Guidance") which aims to ensure greater accountability for Foreign Corrupt Practices Act ("FCPA") violations and provide greater transparency for companies with regard to mitigation.
  - ELIG, Attorneys-at-Law

• Circular: Improving Transparency & the Fight against Corruption

  On April 30 th , 2016, the Turkish Prime Ministry published on the Official Gazette, the Circular No. 2016/10 on Increasing Transparency and Strengthening the Fight against Corruption ("Circular").
  - ELIG, Attorneys-at-Law

• Registration of Layout of a Store as Trademark

  I.         Introduction
  - ELIG, Attorneys-at-Law