It’s a Merger… It’s a Joint Venture… The Turkish Competition Board Revisits the Analysis Regarding the Nature of Concord/Niche-Slim Fusina Transaction
In March 2022, the Turkish Competition Board (“Board”) unconditionally approved the transaction concerning the merger between Slim Fusina Rolling S.R.L. (“Slim Fusina”) and Niche Fusina Rolled Products S.R.L. (“NFRP”) (the “Approval Decision”).
Three Smoking Guns at Two Different Levels of Distribution: Turkish Competition Board Settled with Small Home Appliances Suppliers in a Resale Price Maintenance Case
On May 5, 2023, the Competition Board (“Board”) published its reasoned decision[1] (“Decision”) rendered upon the full-fledged investigation initiated against Korkmaz Mutfak Eşyaları San. ve Tic. A.Ş. (“Korkmaz”), Punto Dayanıklı Tüketim Malları İth. İhr. Tic. Ltd.Şti. (“Punto”) and Gençler Ev Araç ve Gereçleri Pazarlama Ticaret A.Ş. (“Gençler”) (the “Investigation”).
Turkish Competition Authority Publishes the Final Report on Fast Moving Consumer Goods Retailing Sector Inquiry
The Turkish Competition Authority (“Authority”) has published its Final Report (“Final Report”) on fast moving consumer goods (“FMCG”) retailing sector inquiry (“Sector Inquiry”)[1] on March 30, 2021, two years after the release of its Preliminary Report[2]. This is the second sector inquiry report on FMCG retailing since the release of the 2012 Final Report on …
Standards of Corporate Compliance Programs Based on Recent Trends of the DOJ
Admittedly, all corporate compliance professionals, regardless of the country they practice in, might at one point find themselves having to monitor extra-territorial applicability of the United States laws and regulations, in the likely event that they are dealing with a multinational corporation. In this sense, it might be beneficial to adopt a holistic approach and …
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The New Restriction: Combining Personal Data under the EU’s Digital Markets Act and Turkey’s Data Protection Legislation
European Union’s (“EU”) Digital Markets Act (“DMA”) entered into force on 1 November 2022. The DMA rules apply to the providers of certain pre-defined core platform services that qualify as “gatekeepers”. Most of the provisions will be applicable as of 2 May 2023 when the gatekeeper designation procedure will start. Thereupon, providers designated as gatekeepers …
Statistics on Data Breach Notifications for the Last 5 Years
According to Article 12 of the Law No. 6698 on Protection of Personal Data (“Law”) [1], data controllers are obliged to prevent unlawful processing of personal data, unlawful access to personal data, to ensure the protection of personal data, and to take all necessary technical and administrative measures to ensure the appropriate level of security. …
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ICC DECISION ON LIABILITY IN CASE OF PURSUING ACTION IN COURTS NOTWITHSTANDING A VALID ARBITRATION CLAUSE
In Turkey, parties of a dispute tend to resort to courts even if they have a valid arbitration clause for the respective dispute. In the Final Award in Case 8887 (“Case”), International Chamber of Commerce (“ICC”) ruled that the defendant Turkish company (“Defendant”), by pursuing an action in the Turkish Courts despite the existence of …
No Fine to the Competitors Having a Common WhatsApp Group: Turkish Competition Board’s Decision on the Red Meat Industry
On October 26, 2022, the Turkish Competition Board (“Board”) published its reasoned decision dated June 23, 2022 and numbered 22-28/443-180, upon its preliminary investigation initiated against six undertakings (i.e. Ahmet Tanrıbuyurdu, Emin Helal Et ve Gıda A.Ş., Göktaşlar Et-Et Ürünleri Yan San. ve Tic. Ltd. Şti, Namet Gıda Sanayi ve Ticaret A.Ş., Pınar Entegre ve …
Law No. 7418 on Amendment of Press Law and Certain Laws is Published
Law No. 7418 on Amendment of Press Law and Certain Laws (“Amendment Law”) is published in Official Gazette of October 18, 2022 and introduced significant amendments on certain laws including the Press Law No. 5187, the Turkish Criminal Code No. 5237 and the Law No. 5651 on the Regulation of Broadcasts via the Internet and …
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Contemporary Dynamics of Dawn Raiding Powers of the Turkish Competition Authority: Current Status of a Debate on Concealment of Evidence
This case summary includes an analysis of the Ankara 2nd Administrative Court’s (“the Court of First Instance”) Sahibinden SoE decision (E. 2022/254, 15.04.2022) in which the Court of First Instance stays of execution of the Board’s decision where the Board imposed an administrative monetary fine on Sahibinden for hindering and complicating the on-site inspection as …