Two-minute recap of recent developments in Turkish competition law – February 2021

In early February, the Turkish Competition Board (the “Board”) decided to launch an investigation against Philips Turkey to determine whether the company has engaged in behaviours or decisions resulting in the prevention, distortion or restriction of competition, thus violating Law No. 4054 on the Protection of Competition (“Law No. 4054”). The Board also determined in February the dates for oral hearings within the scope of the investigations initiated against (i) Unilever and (ii)...

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Another significant decision on international data transfer from the Turkish Data Protection Board

On 4 March 2021, the Turkish Personal Data Protection Board (the “Board”) announced, for the second time, that it allowed the applications of a written undertaking prepared for the transfer of personal data abroad. The Board allows the transfer of data abroad by approving the applications of the Undertaking made by Amazon Turkey Perakende Hizmetleri Ltd. Şti. and Amazon Turkey Yönetim Destek Hizmetleri Ltd. Şti. The Board’s announcement is available here (in Turkish). Last...

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WhatsAppocalypse saga update: Turkish Competition Authority issues interim measure to prevent “serious harm”

In the latest development in the on-going dispute between the Turkish Competition Authority (“TCA” or “Authority”) and social media giant Facebook over the updated terms of use of its subsidiary, WhatsApp, the TCA has published the reasoned decision of the Competition Board (the “Board”) following the conclusion of the Board’s ex officio investigation initiated against Facebook in January 2021 . In its decision, the Board has imposed an interim measure against Facebook and WhatsApp to prevent...

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Principle decision about the personal data of third parties illegally provided by data subjects

January 2021 – The Personal Data Protection Board (“Board”) has published on December 22, 2020, a Principle Decision (the “Principle Decision”) on the personal data of third parties illegally sent by data subjects to data controllers upon the latter’s request such as phone numbers, e-mail addresses. The Principle Decision has been published in the Official Gazette on January 15, 2021. In the complaints and notices sent to the Board, it has been alleged that data controllers operating...

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Two-minute recap of recent developments in Turkish competition law – December 2020

January 2021 – The year 2020 was a very interesting year for all of us, for obvious reasons. We hope you’ve had a wonderful holiday season and wish you a happy 2021. In 2020, the Turkish Competition Authority (the “Authority”) concluded a total of 178 merger control filings in Phase I. At the same time, the Authority was quite busy in 2020 with developments in digital markets—increasing the number of its investigations in this area, the amount of monetary fines, and also adopting new...

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How did BMW, Daimler, Ford and VW “jump the gun” in Turkey?

December 2020 – The Turkish Competition Board has recently given its approval to the unnotified transaction concerning the establishment of a joint venture (i.e., IONITY Holding GmbH & Co.KG (“IONITY”)) by Bayerische Motoren Werke Aktiengesellschaft (“BMW”), Daimler AG (“Daimler”), Ford Motor Company (”Ford”), and Dr. Ing. h.c. F. Porsche Aktiengesellschaft (“Porsche”), stressing that the transaction does not significantly impede effective competition under Article 7...

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New Draft Communiqué paves the way for the application of the de minimis doctrine under Turkish competition law

October 2020 – The Turkish Competition Board (the “Board”) has presented for public consultation a draft Communiqué on ”Agreements, Concerted Practices, and Decisions and Practices of Associations of Undertakings which are Considered not to Appreciably Restrict Competition” (the “Draft Communiqué”) in accordance with Articles 27(f) and 41(2) of Law No. 4054 on the Protection of Competition (“Law No. 4054”). The Draft Communiqué provides a safe harbour for agreements between...

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Two-minute recap of recent developments in Turkish competition law – April 2020

7 May 2020 – In April, the Turkish Competition Authority (“TCA”) continued to issue decisions, receive online filings and submissions, and initiate preliminary investigations despite working from home. It can be said that it is nearly business as usual. The only exceptions are the final decisions regarding on-going investigations, as they require an oral hearing and there is no online oral hearing system in place, at least not at present. It currently appears that the impact of global...

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GTO / Kinstellar Podcast Series: Force Majeure in international sales contracts

22 April 2020 – Welcome to GTO / Kinstellar’s podcast series! Today’s episode features a discussion on force majeure clauses in international business contracts within the context of the COVID-19 pandemic between Edmund Emre Özer (Partner) and Bulut Girgin (Counsel) at Gen & Temizer I Özer — Kinstellar’s affiliated attorney partnership in Turkey. Click here to listen. We are at the disposal of all our clients at our Legal Response Hotline, at&nbs...

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Impact of new capital markets legislation on debt capital market issuances in Turkey

March 2020 – The Law Amending the Banking Law and Other Laws No.7222 (the “Amending Law”), published in the Official Gazette dated 25 February 2020 and numbered 31050, has introduced several amendments to Turkey’s Capital Markets Law No. 6362 (“CML”). The goal of the new legislation is to foster more efficient, transparent and competitive financial markets in Turkey. Among the most important changes introduced by the Amending Law are the creation of a Board of Debt Instrument Holders,...

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