ArticleBehavioral Remedies Under Judicial Review: The Court Says "Not Enough"The Court's stay of execution decision has been appealed before the 8th Administrative Chamber of Ankara Regional Administrative Court.TurkeyAntitrust/Competition LawELIG Gürkaynak Attorneys-at-Law
ArticleClash Of Opinions In The Sheet Glass Market: The Board Did Not Grant Individual Exemption To The Dealership Agreement Between Trakya Cam And Its Dealers; Despite A Detailed Dissenting VoteMost significant purchasers of these products operate in the construction, automotive, energy, domestic appliances, furniture and agriculture sectors.TurkeyAntitrust/Competition LawELIG Gürkaynak Attorneys-at-Law
ArticleCapital Maintenance After Incorporation: The Two-Year Rule Under Article 356 Of The TCCArticle 356 of the Turkish Commercial Code (“TCC”) introduces specific restrictions on certain acquisition and lease transactions carried out by joint stock companies within the first two years following their incorporation. The primary purpose of this provision is to safeguard the company’s share capital, which constitutes a fundamental guarantee for creditorsTurkeyCorporate/Commercial LawELIG Gürkaynak Attorneys-at-Law
ArticleLimitations on Real Estate Investment CompaniesReal estate investment companies ("REIC"), investing the real estate projects and/or rights in rem, are strictly regulated by the Capital Markets Authority.TurkeyCorporate/Commercial LawELIG Gürkaynak Attorneys-at-Law
ArticleManaging Public Companies & Corporate Governance PrinciplesCorporate governance principles are set of rules and practices introduced as preventive measures pursuant to corruptions and bankruptcies of publicly held companies occurred in 1980s...TurkeyCorporate/Commercial LawELIG Gürkaynak Attorneys-at-Law
ArticleSignificant Changes To Turkish Capital Markets Legislation During The Second Half Of 2018Considering certain gaps in the market, and in light of the ongoing economic imbalances, the Turkish Capital Markets Board ("CMB") continues to update capital markets legislation day by day. TurkeyFinance and BankingELIG Gürkaynak Attorneys-at-Law
ArticleState Supply Office's New Pharma Procurement System: Healthcare Product MarketIn a recent announcement by the State Supply Office ("SSO" which refers to the General Directorate of the State Supply Office, which was established to operate according to ...TurkeyFood, Drugs, Healthcare, Life SciencesELIG Gürkaynak Attorneys-at-Law
ArticleEvaluation of the European Commission's Conclusions in the 2018 Report on Intellectual Property Law in TurkeyThe European Commission ("Commission") has released a report on April 17, 2018, which contained important findings of fact and assessments regarding Turkey's political situation, economic development, regional issues and international obligations.TurkeyIntellectual PropertyELIG Gürkaynak Attorneys-at-Law
ArticleTrade Protection Instruments: Turkey's Safeguard Investigation on ToothbrushesIn line with the World Trade Organization's ("WTO") announcement, published on its website on 3 May 2017, the Turkish Ministry of Economy ("Ministry") has initiated a safeguard investigation on toothbrush imports on 22 April 2017, and notified the WTO of its investigation, in accordance with Article 12.1(a) of the Agreement on Safeguards .TurkeyInternational LawELIG Gürkaynak Attorneys-at-Law
ArticleThe Assembly Of Civil Chambers Of The High Court Of Appeals Rules That A Second Petition For An Increase In Claim Is AdmissibleThis article concerns a case wherein plaintiffs filed a lawsuit against the defendants with the claim for compensation of pecuniary and non-pecuniary damages, as an unquantified debt lawsuit in terms of pecuniary compensation claims.TurkeyLitigation, Mediation & ArbitrationELIG Gürkaynak Attorneys-at-Law
ArticleICTA's Decision On Consumer Complaints Regarding Obtaining Approval/Consent For Instant NotificationsThe Information and Communication Technologies Authority ("ICTA") rendered a board decision numbered 2020/DK-THD/084 ("Decision") regarding instant notifications.TurkeyMedia, Telecoms, IT, EntertainmentELIG Gürkaynak Attorneys-at-Law
ArticleTurkish Data Protection Authority's Guidance On COVID-19Turkish DPA published a guideline on March 27, 2020 to explain the rules to be followed during the COVID-19 pandemic and the measures that can be taken to mitigate privacy related risks.TurkeyPrivacyELIG Gürkaynak Attorneys-at-Law
ArticleTurkish DPA's Announcement On Cross-Border Data TransfersTurkish Data Protection Authority ("DPA") published an announcement in October 26, 2020 regarding cross-border data transfers. TurkeyPrivacyELIG Gürkaynak Attorneys-at-Law
ArticleTurkish DPA Warns With Principle Decision On Promotional CommunicationsOn November 1, 2018, Personal Data Protection Board, acting under the Personal Data Protection Authority, published its principle decision with number 2018/119 in the Official Gazette, which then corrected on November 7, 2018.TurkeyPrivacyELIG Gürkaynak Attorneys-at-Law
ArticleThe Data Subject's Burden Of Proof In Establishing The Harm Suffered And Claiming CompensationTurkish Constitutional Court has issued a landmark decision on the Individual Application with application number 2018/14040 dated June 30, 2021 ("the Decision") wherein it laid out procedurally valid options...TurkeyPrivacyELIG Gürkaynak Attorneys-at-Law
ArticleNew Block Exemption Communiqué No. 2017/3 for Vertical Agreements in the Motor Vehicle Sector in TurkeyNew 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 LawELIG Gürkaynak Attorneys-at-Law
ArticleThe Turkish Competition Board Accepts The Commitments Of Tadim, Which Abused Its Dominant Position Through De Facto ExclusivityOn 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 LawELIG Gürkaynak Attorneys-at-Law
ArticleTurkey Amends its Legislation on Pricing of Human Medicinal ProductsEarly 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 SciencesELIG Gürkaynak Attorneys-at-Law
ArticleDevelopments in Anti-Dumping Practices: Dumping Investigation against Flat Steel Imports from the People's Republic of ChinaOn December 21, 2016, the Ministry of Economy ("Ministry"), by way of publishing the Communiqué on the Prevention of Unfair Competition in Imports ..TurkeyInternational LawELIG Gürkaynak Attorneys-at-Law
ArticleThe Constitutional Court Decided That Failure To Impose The More Favorable Administrative Monetary Fine On Onmed Has Violated The Principle Of Legality Of Crime And PunishmentOnmed initiated an annulment lawsuit against the Board's fining decision. TurkeyLitigation, Mediation & ArbitrationELIG Gürkaynak Attorneys-at-Law