Article2019 FCPA Enforcement Actions And HighlightsSo far, 2019 has seen less activity in terms of enforcement actions under the Foreign Corrupt Practices Act, compared to 2018. TurkeyCriminal LawELIG Gürkaynak Attorneys-at-Law
ArticleA Peek Inside the New Regulation on Packaging Information, Directions and Tracking of Human Medicinal ProductsOn 25 April 2017, the Regulation on Packaging Information, Directions and Tracking of Human Medicinal Products ("Regulation") was published in the Official Gazette and entered into force as of its publication date. TurkeyFood, Drugs, Healthcare, Life SciencesELIG Gürkaynak Attorneys-at-Law
ArticleICC Decision On Liability In Case Of Pursuing Action In Courts Notwithstanding A Valid Arbitration ClauseIn 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"),...TurkeyLitigation, Mediation & ArbitrationELIG Gürkaynak Attorneys-at-Law
ArticleCompetition Law Assessment Of Football Tribune Card System, Passolig: The Board Granted Yet Another Individual Exemption To The Long-Term Exclusive Agreements For The Passolig SystemA negative clearance decision could be granted to the SIA.TurkeyAntitrust/Competition LawELIG Gürkaynak Attorneys-at-Law
ArticleDraw Your Lines Carefully Or Commit Instantly: The Turkish Competition Authority Accepts Baymak's Commitments And Ends The Preliminary Investigation Initiated In Relation To Territorial Restriction Of Active Sales Of Authorized Service Providers In The Non-Exclusive RegionsThe Turkish Competition Board initiated a preliminary investigation against Baymak Makine San. ve Tic. A.Ş. upon a complaint, in order to detect whether Baymak violated Article 4 and Article 6 of Law No.4054 ...TurkeyAntitrust/Competition LawELIG Gürkaynak Attorneys-at-Law
ArticleIt Is Not Always "Better Late Than Never" When It Comes To Procedural Violations: The Board Imposes Administrative Monetary Fines For Procedural Violations In Two Separate Preliminary InvestigationsThe Turkish Competition Board recently published two reasoned decisions in which it imposed administrative monetary fines on the Turkish Pharmacists' Association, and Unilever Sanayi ve Ticaret Türk A.Ş. ...TurkeyAntitrust/Competition LawELIG Gürkaynak Attorneys-at-Law
ArticleThe Acquisition Of 34 Stores Of CarrefourSA By Migros Through The Transfer Of Tenancy Rights Was Unconditionally Cleared By The Turkish Competition Board Following A Thorough Assessment On The Relevant Geographic MarketsThe Turkish Competition Board published its reasoned decision concerning the acquisition of 34 stores of CarrefourSA Carrefour Sabancı Ticaret Merkezi A.Ş. located in Diyarbakır, Elazığ, Erzincan, Hatay, Malatya, Mardin, Şanlıurfa and …TurkeyAntitrust/Competition LawELIG Gürkaynak Attorneys-at-Law
ArticleThe Board's Reasoned Decision On The Istanbul Metropolitan Municipality: "Is The Municipality An Undertaking Within The Meaning Of Competition Law?"The Board's reasoned decision regarding the allegations that the Istanbul Metropolitan Municipality had violated the Law No. 4054 through certain activities regarding the right of way, was published on the Authority's official website.TurkeyAntitrust/Competition LawELIG Gürkaynak Attorneys-at-Law
ArticleThe Mastervolt Decision: The Board's Attempt At Deviating From The European Competition Law Rules Is Rejected By The Court Of First InstanceThe Ankara 7th Administrative Court annulled the Board's decision in the investigation initiated against Mastervolt International Holding BV and Artı Marin Elektrik Dış Ticaret Ltd. Şti., on the grounds that ...TurkeyAntitrust/Competition LawELIG Gürkaynak Attorneys-at-Law
ArticleThe Turkish Competition Board Declines To Grant Individual Exemption To A Public Information Ad: An Assessment Of The Interplay Between Consumer Welfare, Intellectual Property And CompetitionThe Authority has published the Board's reasoned decision rejecting the joint negative clearance/individual exemption application of the Association of Air Conditioning and Refrigeration Manufacturers ...TurkeyAntitrust/Competition LawELIG Gürkaynak Attorneys-at-Law
ArticleAnnulment Of The General Assembly Resolutions Of Joint-Stock CompaniesResolutions adopted in the general assembly meetings of joint-stock companies have an essential impact on the shareholders because resolutions are binding for all of the shareholders...TurkeyCorporate/Commercial LawELIG Gürkaynak Attorneys-at-Law
ArticleCompliance Programs to Prevent Corporate MisconductWith the proliferation of official investigations into international bribery allegations in recent years, as well as the huge fines imposed as a consequence of such investigations, much of the attention of the compliance community has lately been focused on anti-bribery efforts. TurkeyCriminal LawELIG Gürkaynak Attorneys-at-Law
ArticleThe B20 2017 Responsible Business Conduct & Anti-Corruption Policy PaperB20 Cross-Thematic Working Group on RBC and Anti-Corruption published the B20 Responsible Business Conduct & Anti-Corruption Policy Paper Promoting Integrity by Creating Opportunities for Responsible Businesses ("Policy Paper"). TurkeyCriminal LawELIG Gürkaynak Attorneys-at-Law
ArticleA Labor Court Of First Instance Amends The Type Of Termination Ex OfficioAs soon as a dismissed employee filed a reemployment lawsuit filed by a dismissed employee against his employer before the Gebze 6th Labor Court of First Instance with file number 2017/324 E., the Court rendered an unexpected ...TurkeyEmployment and HRELIG Gürkaynak Attorneys-at-Law
ArticleHigh Court Of Appeals Clarifies Implementation Of Post-Employment Non-Compete ObligationsInclusion of non-compete clauses within employment contracts is a widespread practice aimed at protecting an employer's commercial interests, trade secrets, and client networks. However, enforcement of post-employment restrictions requires a balance between employer’s commercial interests and employee's constitutional right to work and freedom of contractTurkeyEmployment and HRELIG Gürkaynak Attorneys-at-Law
ArticleAnti-Dumping Measures Expired In 2020 And To Expire Within The First Half Of 2021The Communiqué entered into force as of its publication date.TurkeyInternational LawELIG Gürkaynak Attorneys-at-Law
ArticleThe Court of Appeals Clarified the Admissibility of Relying on Oath as Evidence in Civil Proceedings where Evidence List does not Include "Oath"Oath is accepted as evidence according to the rules of Turkish civil procedural law, even though the term itself is not defined by the Law on Civil Procedure No. 6100 ("Law No. 6100"). TurkeyLitigation, Mediation & ArbitrationELIG Gürkaynak Attorneys-at-Law
ArticleTurkish Data Protection Authority's Draft Guidelines On CookiesThe Turkish Data Protection Authority ("DPA") has published Draft Guidelines on Cookies ("the Draft Guidelines") on January 11, 2022, providing explanations on cookies and practical advices...TurkeyPrivacyELIG Gürkaynak Attorneys-at-Law
ArticleTurkey Introduces KYC Requirements For Independent AttorneysThe Law Proposal on Preventing the Proliferation of Financing Weapons of Mass Destruction ("Proposal ") which provides several and significant amendments to the Law No. 5549...TurkeyStrategyELIG Gürkaynak Attorneys-at-Law
ArticleAn Insight for Competition Law Assessment on Media Related Markets: The Competition Board Unconditionally Approved Demirören Medya Yatırımları Ticaret AJŞ.'s Acquisition of Certain Media Sector-Related Assets of Doğan ŞirketlThe Board then examined the competitive effects of the notified transaction with respect to the market for "online news websites." TurkeyAntitrust/Competition LawELIG Gürkaynak Attorneys-at-Law