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White & Case Europe Danışmanlık Hizmetleri Avukatlık Ortaklığı

FERKO SIGNATURE, BUYUKDERE CADESSI NO: 175, KAT: 9, LEVENT 34394 ISTANBUL, TURKEY
Tel:
Work +90 212 354 2000
Fax:
Fax +90 212 354 2001
Email:
Web:
https://www.whitecase.com

Turkey

Banking, finance and capital markets
Banking, finance and capital markets - ranked: tier 1

GKC Partners

GKC Partners is noted for its ‘strong industry knowledge, experience and good judgement’. Practice head Güniz Gökçe is ‘the driving force behind the team’, and Derin Altan advises on capital markets matters. The team is active on both the sponsor and lender side and handles project finance, financial restructuring and refinancing. Recent highlights include assisting a group of banks, including Türkiye Garanti Bankası and the EBRD, with the refinancing of existing debts and the financing of new investments in the electricity distribution sector. Borrower-side work includes advising Kazancı Holding and Doğal Gaz Dağıtım on obtaining $800m in refinancing and investment loans. The firm’s client roster also includes Yapı Kredi, Akbank and IFC.

Leading individuals

Güniz Gökçe - GKC Partners

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Commercial, corporate and M&A
Commercial, corporate and M&A - ranked: tier 1

GKC Partners

Despite the relatively calm M&A market in Turkey, GKC Partners continues to be involved in significant domestic and cross-border transactions. In one recent highlight, the team led advice to Qatar Holding as part of a joint venture acquiring approximately 79.5% of the shares of the country’s largest poultry producer, Banvit. Other key strengths of the practice are day-to-day corporate advice, drafting and review of contracts and agreements, as well as due diligence. Emre Özşar heads the team and Rozita Nigrin-Borden is another key figure. Ceylan Kara was made partner in January 2017 and is particularly experienced in the banking and insurance sectors.

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Competition
Competition - ranked: tier 3

GKC Partners

GKC Partners’ competition practice is led by recommended counsel Sezin Elçin-Cengiz and provides ‘proactive, detailed and precise’ advice on contentious and non-contentious matters, including merger filings, compliance and litigation. It also represents clients in cartel and abuse of dominance investigations. Recent work includes representing Société Générale in a preliminary investigation conducted by the Turkish Competition Authority. Other clients include Nestle Waters, IFM Investors and Turkish Banks Association.

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Dispute resolution
Dispute resolution - ranked: tier 2

GKC Partners

GKC Partners’ dispute resolution practice is led by Yalın Akmenek. The team handles arbitration and litigation and has particular expertise in the energy and construction sectors. The team advises on disputes regarding employment, corporate and tax law and recently led advice to Uni-Mar regarding its tax lawsuits against the Ministry of Finance. Zeynep Çakmak departed to Çakmak Avukatlık Ortaklığı in February 2018.

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Employment
Employment - ranked: tier 2

GKC Partners

The ‘excellentGKC Partners is recommended for its ‘detailed knowledge in very complex areas’ of employment law. The team is led by Rozita Nigrin-Borden and handles labour-related disputes, collective dismissals and the employment aspects of M&A transactions. The client roster includes Goldman Sachs, TUI, IFM and Boeing.

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Energy
Energy - ranked: tier 2

GKC Partners

GKC Partners is particularly experienced in project finance and refinancing matters in the energy industry. The team also advises on transactions and regulatory matters. Recent highlights include advising Kazancı Holding and natural gas distributor Aksa on investment loans and refinancing from a consortium of seven banks. The client base includes energy companies, investors and banks. Güniz Gökçe is the key figure in the department; Zeynep Çakmak departed to Çakmak Avukatlık Ortaklığı in February 2018.

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Foreign firms
Foreign firms - ranked: tier 1

White & Case Europe Danışmanlık Hizmetleri Avukatlık Ortaklığı

White & Case Europe Danışmanlık Hizmetleri Avukatlık Ortaklığı maintains its affiliation with GKC Partners in Istanbul, whereas the association with Ankara-based Çakmak Avukatlık Ortaklığı ended in July 2016. The firm is particularly well known for its experience in banking, finance, capital markets, dispute resolution and cross-border M&A. In one recent highlight, the team advised Spanish bank BBVA on the €859m acquisition of an additional 9.95% stake in Garanti Bank. Asli Basgoz is the key contact.

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Insurance
Insurance - ranked: tier 2

GKC Partners

GKC Partners advises insurance companies and banks, such as BNP Paribas, on transactions and competition-related matters. Sezin Elçin-Cengiz and Yalın Akmenek are active in the sector.

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Project finance/projects
Project finance/projects - ranked: tier 2

GKC Partners

GKC Partners is experienced in advising local banks, lenders and sponsors on the financing and refinancing of projects in the renewable energy, health and infrastructure sectors. The team is led by Güniz Gökçe, after the departure of former practice head Zeynep Çakmak to Çakmak Avukatlık Ortaklığı in February 2018. Recent work saw the team lead advice to Yapı ve Kredi Bankası regarding the financing of solar energy plants by Hanwha Group. Other clients include DenizBank, Ziraat Bankası and Garanti Bankası.

Leading individuals

Güniz Gokce - GKC Partners

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Legal Developments in Turkey

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • 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.
  • Capital Markets Board Announces the Draft Communiqué on Crowdfunding

    In September 2018, the Capital Markets Board (" CMB ") had issued an announcement on its website, declaring that a secondary legislation for crowdfunding was underway.
  • 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.
  • Opinion of the Court of Cassation on the Contention of Expert Opinion and Expert Report

    The notion of Expert Opinion, which entered into our law through the Code of Civil Procedure ("CCP"), has been a frequently resorted to method of helping to resolve disputes by the parties in our judicial system over the course of time...
  • Arrest of Ships under Turkish Law

    The general principles on maritime enforcement are set out in Turkish Commercial Code ("TCC") numbered 6102. On the other hand, Turkey has ratified the International Convention on Maritime Liens and Mortgages, signed in Geneva on 6 May 1993 and the International Convention on the Arrest of Ships, signed in Geneva on 12 March 1999 and both conventions have been come into force on 25 March 2017. The provisions of these two conventions have already been taken into consideration by the drafting committee of the code, and the relevant provisions have been incorporated into the TCC in preparing the same. This newsletter reviews the principles and provisions stipulated in the TCC for the arrest of ships.  
  • Decision of the Court of Cassation General Assembly on the Unification of Judgments holding that an

    In civil procedural law, a ban on the expansion and alteration of a claim and defense comes with two exceptions; the other party's consent, and "the amendment". The parties may completely or partially amend their proceedings prior to the end of the investigation phase. Provided that the legal requirements are fulfilled, an amendment may be filed without the consent of the other party or the court, since it is a unilateral and express declaration of will directed at the court 1. For instance, the parties may amend the value of the claim, or claim compensation, instead of payment in kind for defective goods.
  • Share Pledges in Joint Stock Companies

    Share pledges in joint stock companies are not specially regulated under the Turkish Commercial Code ("TCC"). Therefore, the provisions of the Turkish Civil Code that regulate the general rule regarding pledges, shall apply. Under Turkish Civil Code Article 954, transferable receivables and other rights may be subject to pledge. The pledge established on a share in joint stock companies is a "pledge right established on the right." A pledge is established on shareholding rights. A pledge on receivables and rights is subject to the principles of movable pledges. (Turkish Civil Code Article 954/2).
  • Updated FIDIC Contracts

    International Federation of Consulting Engineers that is known by the abbreviation of FIDIC (Fédération Internationale Des Ingénieurs-Counseils) launched updated Red Book (the Conditions of Contract for Works of Civil Engineering Construction), Yellow Book (the Conditions of Contract for Plant and Design-Build)) and Silver Book (the Conditions of Contract for EPC/Turnkey Projects) in the "International Contract Users Conference," organized in London in December of 2017...
  • Recent Developments in the Right of Access to Files

    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...
  • The General Data Protection Regulation in Force

    The General Data Protection Regulation ("GDPR" or "Regulation")1 that was approved by the European Union ("EU") Parliament and entered into force in 2016 has started to be applied as of May 25, 2018. The GDPR lays down rules relating to the protection of natural persons ("data subjects") with regard to the processing of personal data, and rules relating to the free movement of personal data. With this Regulation, it is intended to protect the privacy of the data subjects more strictly, and to reorganize data privacy laws across Europe. Also, it is worth to note that, international companies, as well as Turkish companies, are under the obligation to comply with the GDPR, provided that their activities fall under the scope of the GDPR.