Turkish Data Protection Board’s Expectations on Compliance: Recent Decisions
The Turkish Data Protection Board (“Board”) has recently published summaries of several important decisions on certain matters, which may constitute precedents for future cases. All of the decisions below are published on the Data Protection Authority’s website on February 12, 2021.
The Long-Running Battle: Limitations of Liability in M&A Transactions
I. Introduction Allocation of liabilities between the parties in merger and acquisition (“M&A”) transactions is of utmost significance, in order to ensure that the buyer will be sufficiently protected, and the seller’s liabilities limited as much as possible. Under Turkish laws, the sellers` liabilities are subject to the provisions of the Turkish Code of Obligations …
Continue reading “The Long-Running Battle: Limitations of Liability in M&A Transactions”
Beginning of a New Age: The Commitment Mechanism Introduced in Turkish Competition Law Enforcement
The Turkish Competition Authority (“Authority“) has recently published its Draft Communiqué on Commitments Offered During Preliminary Investigations and Investigations on Restrictive Agreements, Concerted Practices, Decisions and Abuse of Dominance (“Draft Communiqué“) which has introduced a new commitment mechanism to Turkish competition law enforcement.
The Factors Affecting the Use of Essential Facilities
On November 18, 2020, the General Court of the European Union (“General Court“) upheld the European Commission’s (“Commission“) decision, in which Letuvos geležnkela AB (“Lithuanian Railway“) (“LG“) was found to have abused its dominant position in the Lithuanian rail freight market by removing a section of a railway track used by its competitors.
Regulation on Processing and Privacy of Personal Data in Electronic Communications Sector
The Regulation on Processing and Privacy of Personal Data in Electronic Communications Sector (“Regulation”) has been published on the Official Gazette of December 4, 2020.
Limitations on Voting Rights of Shareholders
In principle, shareholders of limited liability companies (“LLC“) have the right to vote on the issues being discussed during the general assembly meetings and such right is indispensable. On the other hand, Turkish Commercial Code No.6102 (“TCC“) sets forth certain limitations on voting rights of the shareholders to prevent any impartiality, especially in cases where …
Continue reading “Limitations on Voting Rights of Shareholders”
Beyond any Doubt: Administrative Court Decisions Setting the Bar for the “Standard of Proof”
Beyond any Doubt: Administrative Court Decisions Setting the Bar for the “Standard of Proof” for Abuse of Dominance In 2019 and 2020, Turkish administrative courts handed down noteworthy judgments concerning two particular decisions of the Turkish Competition Board (“Board“). In both of these cases, namely the (i) Sahibinden Bilgi Teknolojileri Pazarlama ve Tic. A.Ş. (“Sahibinden“) …
Recent FCPA Cases Involving Turkey
The U.S. Foreign Corrupt Practices Act (“FCPA“) criminalizes the bribery of foreign officials anywhere in the world for the purposes of preventing corruptly influencing of an official governmental decision in order to obtain a business benefit.
Turkish DPA’s Announcement on Cross-Border Data Transfers
Turkish Data Protection Authority (“DPA”) published an announcement in October 26, 2020 regarding cross-border data transfers. The purpose of the announcement seems to be providing a general response and the Turkish DPA’s views to the criticism and feedback received from private sector and academic institutions regarding the difficulties in cross-border data transfers.
A Different Perspective to Employer`s Liability for Anti-competitive Behaviors
A Different Perspective to Employer`s Liability for Anti-competitive Behaviors: Arçelik’s Application for Leniency