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  • Article

    Mandatory Mediation Under Turkish Labor Law

    An alternative dispute resolution method is expected to be introduced in Turkey shortly through the Draft Law on Labor Courts ("Draft Law"). The purpose of the Draft Law is to bring a functional and an effective judicial procedure for
    TurkeyEmployment and HR
    ELIG Gürkaynak Attorneys-at-Law
    ELIG Gürkaynak Attorneys-at-Law
  • Article

    The High Court Of Appeals Concludes That The Employees Of A Foreign Company Must Be Considered In Terms Of The Number Of Employees Of Its Turkish Affiliate Regarding The Applicability Of Job Security Provisions

    A valid reason for termination can be based on the underperformance or inappropriate conduct of the employee in question, or it may relate to the operational requirements of the workplace or the work itself.
    TurkeyEmployment and HR
    ELIG Gürkaynak Attorneys-at-Law
    ELIG Gürkaynak Attorneys-at-Law
  • Article

    Turkey Aligns Its Medical Device Regulation With The EU Regulation

    For any medical device to be put into and sold on the market, full compliance with the EU Regulation is required.
    TurkeyFood, Drugs, Healthcare, Life Sciences
    ELIG Gürkaynak Attorneys-at-Law
    ELIG Gürkaynak Attorneys-at-Law
  • Article

    Frito Lay Receives An All-Clear For Allegations Concerning Exclusivity, RPM Practices And Rebate Systems: The Board Decides Not To Initiate A Full-Fledged Investigation

    Assessment on de facto exclusivity and rebate systems.
    TurkeyAntitrust/Competition Law
    ELIG Gürkaynak Attorneys-at-Law
    ELIG Gürkaynak Attorneys-at-Law
  • Article

    Judicial Review Informs The Turkish Competition Authority About The Appropriate Standards Of Proof In Excessive Pricing Cases: Sahibinden.Com Decision Is Cancelled By Administrative Court

    The decision of the "Board" concerning the full-fledged investigation of the the "Authority" against Sahibinden.com has been unanimously overturned by Ankara 6th Administrative Court ("Court ").
    TurkeyAntitrust/Competition Law
    ELIG Gürkaynak Attorneys-at-Law
    ELIG Gürkaynak Attorneys-at-Law
  • Article

    New Block Exemption Communiqué No. 2017/3 for Vertical Agreements in the Motor Vehicle Sector in Turkey

    New Block Exemption Communiqué No. 2017/3 for Vertical Agreements in the Motor Vehicle Sector ("Communiqué No. 2017/3" or "New Communiqué") was published in the Official Gazette on 24 February 2017.
    TurkeyAntitrust/Competition Law
    ELIG Gürkaynak Attorneys-at-Law
    ELIG Gürkaynak Attorneys-at-Law
  • Article

    Once In A Blue Moon: The Turkish Competition Board Accepted The Failing Firm Defence While Reinforcing Its Case Law On What Constitutes Unity Of Interest

    After evaluating the shareholding and management structures of Yıldızlar, Yıldız MDF, Starwood and Yıldız Entegre Ağaç San.
    TurkeyAntitrust/Competition Law
    ELIG Gürkaynak Attorneys-at-Law
    ELIG Gürkaynak Attorneys-at-Law
  • Article

    Ten Essential Developments Under the New Communiqué on Mergers and Acquisitions Subject to the Approval of the Turkish Competition Board

    The New Communiqué No. 2010/4 on Mergers and Acquisitions Subject to the Approval of the Turkish Competition Board is published on October 7th, 2010, and it brings a new Turkish merger control regime into the Turkish competition law system.
    TurkeyAntitrust/Competition Law
    ELIG Gürkaynak Attorneys-at-Law
    ELIG Gürkaynak Attorneys-at-Law
  • Article

    The Turkish Competition Board Accepts The Commitments Of Tadim, Which Abused Its Dominant Position Through De Facto Exclusivity

    On August 12, 2021, the Turkish Competition Board initiated an investigation on whether Tadım Gıda Maddeleri San. ve Ticaret A.Ş., a supplier of packaged dried nuts, violated Articles 4 and 6 of the Law No. 4054 on the Protection of Competition ...
    TurkeyAntitrust/Competition Law
    ELIG Gürkaynak Attorneys-at-Law
    ELIG Gürkaynak Attorneys-at-Law
  • Article

    Turkish Competition Authority Scrutinizes The Single Economic Entity Concept And Family Ties - Hızlıpara Decision

    The Turkish Competition Board cleared the acquisition of joint control over Hızlıpara Ödeme Hizmetleri ve Elektronik Para A.Ş. by the Savaş Family and the venture capital investment funds established and managed by ...
    TurkeyAntitrust/Competition Law
    ELIG Gürkaynak Attorneys-at-Law
    ELIG Gürkaynak Attorneys-at-Law
  • Article

    Prohibition Of Financial Aid Under Turkish Commercial Code

    Unlike the former Turkish Commercial Code, the Turkish Commercial Code numbered 6102 ("TCC") implemented a provision that allows joint stock companies ("JSC") to acquire their own shares
    TurkeyCorporate/Commercial Law
    ELIG Gürkaynak Attorneys-at-Law
    ELIG Gürkaynak Attorneys-at-Law
  • Article

    Turkey Amends its Legislation on Pricing of Human Medicinal Products

    Early this year, on February 6th, 2017, the Ministerial Cabinet has published its decision on Pricing of Human Medicinal Products ("Decision") and announced that the requirements of the Communiqué on Pricing of Human Medicinal Products (published in 2015) that do not conflict with the Decision, shall remain applicable.
    TurkeyFood, Drugs, Healthcare, Life Sciences
    ELIG Gürkaynak Attorneys-at-Law
    ELIG Gürkaynak Attorneys-at-Law
  • Article

    Developments in Anti-Dumping Practices: Dumping Investigation against Flat Steel Imports from the People's Republic of China

    On December 21, 2016, the Ministry of Economy ("Ministry"), by way of publishing the Communiqué on the Prevention of Unfair Competition in Imports ..
    TurkeyInternational Law
    ELIG Gürkaynak Attorneys-at-Law
    ELIG Gürkaynak Attorneys-at-Law
  • Article

    The Constitutional Court Decided That Failure To Impose The More Favorable Administrative Monetary Fine On Onmed Has Violated The Principle Of Legality Of Crime And Punishment

    Onmed initiated an annulment lawsuit against the Board's fining decision.
    TurkeyLitigation, Mediation & Arbitration
    ELIG Gürkaynak Attorneys-at-Law
    ELIG Gürkaynak Attorneys-at-Law
  • Article

    Amendments To The Dispute Resolution Mechanism Regarding Internet Domain Names

    The Draft Communiqué is bringing certain provisions to regulate the obligations of DRSPs and the conditions of being a DRSP.
    TurkeyMedia, Telecoms, IT, Entertainment
    ELIG Gürkaynak Attorneys-at-Law
    ELIG Gürkaynak Attorneys-at-Law
  • Article

    Turkey Green-Lights Comparative Advertising

    At the beginning of 2015, Turkish Ministry of Customs and Trade issued a new regulation on the principles and procedures pertaining to advertising and abrogated and replaced the outdated regulation of 2003.
    TurkeyMedia, Telecoms, IT, Entertainment
    ELIG Gürkaynak Attorneys-at-Law
    ELIG Gürkaynak Attorneys-at-Law
  • Article

    A Comparative Look at the Calculation of Administrative Fines under the Data Protection Law

    The Law No. 6698 on the Protection of Personal Data ("DP Law"), which came into force on 7 April 2016, imposes administrative fines on those who fail to fulfill the obligations set out by the DP Law.
    TurkeyPrivacy
    ELIG Gürkaynak Attorneys-at-Law
    ELIG Gürkaynak Attorneys-at-Law
  • Article

    Enriched Security for the Concentrations Involving Series of Transactions within the Stock Exchange- Amendments on the Merger Control Regulation in Turkey

    Communique No. 2017/2 on the Amendment of Communique No. 2010/4 ("Communique No. 2010/4") on the Mergers and Acquisitions Subject to the Approval of the Competition Board ("Communique No. 2017/2") has been published on the Official Gazette on February 24th, 2017 and entered into force on the same day.
    TurkeyAntitrust/Competition Law
    ELIG Gürkaynak Attorneys-at-Law
    ELIG Gürkaynak Attorneys-at-Law
  • Article

    2020 FCPA Enforcement Actions And Highlights

    So far, 2020 has seen around the same amount of activity in terms of enforcement actions under the Foreign Corrupt Practices Act ("FCPA"), compared to 2019.
    TurkeyCorporate/Commercial Law
    ELIG Gürkaynak Attorneys-at-Law
    ELIG Gürkaynak Attorneys-at-Law
  • Article

    Non-liability of the Shareholders and Piercing the Corporate Veil

    A legal entity is defined as "groups of persons organized as entity on its own and independent property groups constructed for special object" under Article 47 of the Turkish Civil Code No. 4721 ("TCC").
    TurkeyCorporate/Commercial Law
    ELIG Gürkaynak Attorneys-at-Law
    ELIG Gürkaynak Attorneys-at-Law

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