Latest Developments in Turkish Data Protection Practice and Regulation
Recently, there have been certain significant developments regarding the data protection practice and some important guidelines have been published by the Turkish Personal Data Protection Authority. Below is an overview on the important points of the relevant developments.
Is the Turkish Competition Board Starting to Scrutinize Ancillary Restraints More Rigorously? – Vinmar/Arısan Transaction is Approved on the Condition that Scope of Non-Compete and Non-Solicit Obligations is Limited
This article aims to provide information regarding the ancillary restraints under Turkish Merger Control Regime and also analyses the Turkish Competition Board’s (“Board”) Vinmar/Arısan decision [1] which provides insight into the Board’s approach to assessing the scope of ancillary restraints in merger cases and foreshadows potentially stricter scrutiny over such restrictions. Even though the transaction …
Turkey: Registration of Commercial Enterprises Owned by Ordinary Partnerships
Under the Turkish Commercial Code, a commercial enterprise is defined as an enterprise, operating continuously and independently, aiming to generate income which exceeds the income thresholds stipulated for tradesman (“esnaf” in Turkish) enterprises.
Turkey: Website Requirements for Companies Subject to Independent Audit
Pursuant to Article 1524 of the Turkish Commercial Code (“TCC”) which was enacted in 2012, companies that are subject to independent audit are required to not only set up a website, which then will be registered to the trade registry and announced in the trade registry gazette, but also allocate a certain tab of their …
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Real Estate Sales Agreements: What Has Changed After the Significant Amendments in the Law No. 1512 on Public Notary
I. Introduction A real estate sales agreement is an agreement that is executed by and between the buyer and seller for the acquisition of real estate and is regulated under the Turkish Code of Obligations No. 6098 (“Law No. 6098”). By executing the real estate sales agreement, the seller promises to transfer the real estate …
Turkey: Shareholders’ Borrowing from the Joint Stock Company and Vice Versa
According to Turkish Commercial Code (“TCC”), some companies are defined as equity companies. Joint stock companies are one of these equity companies and are within the scope of “Principle of Maintenance of Share Capital” under TCC. The principle of maintenance of share capital requires full payment of the share capital value committed by the shareholders …
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A Decision on Abuse of Dominance: The Turkish Competition Board’s Assessment on the Conflict of Law on Intellectual and Artistic Works Law and the Competition Law in the light of Data Portability Restrictions
The Turkish Competition Authority (“Authority”) has published its Nadirkitap decision[1] in which it evaluated the allegation as to whether Nadirkitap Bilişim ve Reklamcılık AŞ (“Nadirkitap”), a company providing mediation services in the online sale of the second-hand books through its website named www.nadirkitap.com, violated Article 4 of the Law No. 4054 on the Protection of …
Türkiye’s New Electronic Commerce Amendments: Compliance Steps to Follow
The Law No. 7416 on Amendment of the Law on Regulation of Electronic Commerce (“Amendment Law”), published in the Official Gazette of July 7, 2022[1], introduces new obligations for e-commerce intermediary service providers and e-commerce service providers. Most of the provisions of the Amendment Law will enter into force on January 1, 2023 but the …
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Turkish Competition Authority Awaiting Official Assignment of New Board Members to Re-Establish Final Decision Quorum
The Competition Board (the “Board”), the competent decision-making organ of the Turkish Competition Authority, no longer has the quorum required to render final/executable decisions as the tenure of three (3) members came to an end as of the beginning of August 2022. Final decisions, including merger clearance decisions, closure of pre-investigation and investigation procedures, are …
The Turkish Competition Board did not grant an exemption to the restriction of the sales of food supplements in e-commerce channels
On June 3, 2022, the Turkish Competition Board (“Board”) published its reasoned decision dated September 9, 2021 and numbered 21-42/611-298, rejecting Solgar Vitamin ve Sağlık Ürünleri Sanayi ve Ticaret A.Ş.’s (“Solgar”) exemption application for its dealership agreements (“Board’s Decision”).