What is new?
Final Stage for Turkey’s First Ever PPP Project
The final stage has been reached in the Kayseri Integrated Health Campus project, the first ever healthcare PPP project of Turkey. The Ministry of Health, after completing the technical and financial evaluations of the proposals received on the 14th of September 2010, invited the three eligible bidders to submitting their final financial proposals. Bidders should prepare their revised letters of proposal and financial models, based on the final design set out by the Ministry, until the 7th of February, 2011.
The Kayseri Integrated Health Campus project foresees the construction of a campus involving four hospitals with a total capacity of 1548 beds, social facilities and commercial areas. The contractor will be responsible for the construction works as well as the provision of medical equipment and furniture and the non-medical services. The most appropriate healthcare facility design and service specifications, meeting the demands of the Ministry, have been determined by taking into account the proposals, through a new tender procedure applied for the first time in Turkey.
ACTECON, DLA Piper and Koyuncuoğlu-Köksal Law Office are providing legal, financial and strategic consultancy services to the Turkish Ministry of Health as a partnership for the Kayseri Integrated Health Campus project. In this context, ACTECON, supported the Tender Comission on administrative and technical issues, without participation in the decision-making process.
According to Evren Güldoğan, coordinator of the Project on behalf of ACTECON: “The Kayseri Integrated Health Campus is a project which brings many innovations. That is why the tender process may have proceeded slowly, with possible misunderstanding. , There is nothing out of the ordinary. However it’s undoubted that this Project, worthy of healthcare and development policies of Turkey, the rising power in its region, will become a reality through the dedicated efforts of Public Private Partnership Department of the MoH and our assistance as the consulting group to the Project. One fact that Mr Güldoğan wants to highlight is the transparency of the procedure: “In January, there were some news on rumours that the awardee of the bidding process was already determined. It’s beyond doubt that such rumours do not reflect the reality. In fact, final proposals have been requested on 7th of January 2011. Indeed those institutions that follow the process closely, do not take such rumours seriously”.
New PPP Projects from the Turkish Ministry of Health
The Turkish Ministry of Health has published the RfQs for two new healthcare PPP projects. The Konya Karatay Integrated Health Campus project includes the construction works, provision of goods and services for a 800 bed campus. Yozgat project cover a 400 bed research & training hospital. The deadlines for the pre-qualification applications are the 7th and 14th of January, 2011, respectively. ACTECON, DLA Piper and Koyuncuoğlu-Köksal Law Office are providing legal, financial and strategic consultancy services to the Turkish Ministry of Health as a partnership for the Kayseri Integrated Health Campus, the first ever PPP projectof the Ministry.
PPP Projects of Turkish Ministry of Health
The Turkish Ministry of Health received four bids for the first ever healthcare PPP project of Turkey, the Kayseri Integrated Health Campus, on the 14th of September. The Ministry will carry out negoations with the candidates that pass the the technical and financial evaluations. The innovative tender procedure being utilized in Turkey for the first time will enable the Ministry to develop the design that fits its needs the best through the proposals of the bidders.
The Kayseri Integrated Health Campus project foresees the construction of a campus involving four hospitals with a total capacity of 1548 beds, social facilities and commercial areas. The contractor will be responsible from the construction works as well as the provision of medical equipment and furniture and the non-medical services.
The Ministry of Health will receive the bids for the Ankara Etlik Integrated Health Campus with 3000 beds on the 26th of November. Meanwhile the evaluation of the pre-qualification applications for the Ankara Bilkent and Elazığ projects are under progress. The Ministry is planning to develop further PPP projects in the near future.
ACTECON, DLA Piper and Koyuncuoğlu-Köksal Law Office are providing legal, financial and strategic consultancy services to the Turkish Ministry of Health as a partnership for the Kayseri Integrated Health Campus project.
ACTECON and Kasaroğlu Law Office Organizes PPP Seminar on the 5th of November
ACTECON on Merger Control at Bloomberg Businessweek Turkey
State Aid Control Begins in Turkey
Turkey has taken an important step for compliance with the European Union acquis and opening of negotiations in the field of competition policy. Law no. 6015 on the Monitoring and Control of State Aids was published in the Official Gazette dated 23rd of October 2010 and entered into force. Disciplining of State aids was an obligation undertaken by Turkey under the Customs Union Decision of 1995. However it had remained unfilled until this day. As a result EU had determined the adoption of a law on State aids as an opening benchmark for the competition chapter in the accession negotiations.
However Law no. 6015 goes beyond meeting an obligation vis-à-vis the EU. Monitoring and control of State aids will also ensure that aids are made use of more efficiently for the social welfare, that is without unnecessarily distorting the market mechanism. State Aids Monitoring and Control Board established by the Law will review legislation related to aids as well as their application. State aids distorting competition will not be allowed. Already granted aids will be recovered with interest following an investigation. Therefore both grantor authorities and recipient enterprises will need to act more diligently in the future. Law on the Monitoring and Control of State Aids covers aids that are granted to manufacturing and that have an impact on the trade between Turkey and the EU. In other words the Law concerns the majority of Turkey’s exports to the EU, its largest trade partner. ,
New Merger Regulation is published:
The Turkish Competition Authority had declared that a new communiqué on mergers and acquisitions was on its agenda in 2007. After more than two years, earlier this year the Draft Communiqué has been published on its official website and the Authority has invited relevant persons to participate to the public consultation process. With the proposed amendments to the previous Communiqué and the notification form, the Authority has aimed to eliminate deficiencies of the current merger control regime and meet the needs of a more dynamic competition. Finally, the new M&A Communiqué No. 2010/4 is published on October 07, 2010.
Please see below for further information on the fundamental amendments.
Jurisdictional Thresholds
The market share threshold of previous Communique is removed. Through the new M&A Communique the notification will be compulsory for the parties, in case total Turkey turnover of the parties exceeds 100 million TL and turnover of each of at least two of them exceeds 30 million TL, or world-wide turnover of at least one of the parties exceeds 500 million TL and turnover of at least one of other parties to the transaction exceeds 5 million TL.Ancillary Restraints
While Turkish Competition Act and current M&A Communiqué do not contain any arrangement on ancillary restraints, the parties needed further authorization for the ancillary restraints. In the settled case-law of the Turkish Competition Authority, restrictions are accepted as ancillary restraints, in case its scope should not go beyond the necessary limits of what the realization of the main operation requires, their restrictive effects are limited with the parties (2-year non-compete obligations are authorized if the transaction contains only commercial reputation acquisition, 3-year non-compete are authorized if know-how is also acquired), and they are directly related to and necessary for the realization of the operation. Through the new M&A Communiqué, the authorization of the Authority regarding the transaction itself also comprises the ancillary restrictions directly related to and necessary for the realization of operation.Commitments
In Turkish merger control regime, even if it is a regular part of the practice, commitments have legal basis neither in Turkish Competition Act nor the amended Communiqué, until October 07, 2010. The New M&A Communiqué provides the undertakings to give commitments either in Phase I or Phase II in order to eliminate competition concerns, and the Authority may envisage conditions for their proper fulfilment.Notification Form
The notification form has been revised to a great extent and requires more detailed economic information and it has short and long versions depending on the effect of transaction concerned on the market. For instance, in cases where a party acquires sole control of an undertaking over which it already has joint control or the aggregate market shares of the parties in a horizontal relationship is less than 20 %, or at least one of the parties' market share is less than 25 % in vertical relationships on an affected market; undertakings are not required to fill in the long form.Entry into Force
The M&A Communiqué No 1997/1 (annulled) shall be in force due on the date of the new M&A Communiqué No. 2010/4 enters into force on January 1, 2011.
19.10.2010Şahin Ardıyok on TRT Turk TV
Şahin Ardıyok, Partner of ACTECON, participated on TRT Turk’s TV program “Kahve Molası”. Anchored by Ilke Özkan, “Kahve Molasi” hosts guests in their stuido from the Business World.
In this episode, Mr. Ardiyok replied to questions regarding recent developments of Turkey’s Economics, Competition& Regulation policies in the market during Compliance to European Union phase and operational structure of Competition Authority. The episode aired on September 14th can be found on following link: Konuk: Rekabet ve Regülasyon Danışmanı Şahin Ardıyok, Not: Serbest Piyasa, Avrupa Birliği, Rekabet Hukuku, Tekstil, Hazır Giyim, Petrokimya(8'), Özelleştirme(22'), Elektrik,ACTECON to Defend Turkish Steel in Brazil
ACTECON is going to carry out injury defense services in the anti-dumping investigation initiated by Brazil on the 26th of August 2010 against steel sheets originating inter alia from Turkey. Selected for this task by the General Secretariat of Istanbul Mineral and Metals Exporters’ Association through a competitive procedure ACTECON will co-operate with Hammonds to defend Turkish interests before the Brazilian authority DECOM.
ACTECON’s trade team consisting of Dr. M. Fevzi Toksoy, Evren Güldoğan ve Güniz Çiçek had defended Turkish exporters before US, Indonesian, Indian and GCC authorities in the past in anti-dumping and safeguard investigations.The Countdown Begins for Turkey’s First Ever Healthcare PPP Project
The Turkish Ministry of Health initiated the tender process for the first ever healthcare PPP project of Turkey, the Kayseri Integrated Health Campus, by placing the administrative and technical specifications, the draft contract and the feasibility study in the virtual data room. The 3rd of August is scheduled as the deadline for submitting bids as well as the initial evaluation.
The Kayseri Integrated Health Campus project foresees the construction of a campus involving four hospitals with a total capacity of 1548 beds, social facilities and commercial areas. The contractor will be responsible from the construction works as well as the provision of medical equipment and furniture and the non-medical services. Eight candidates that have passed the pre-qualification phase are competing in the tender.
ACTECON, DLA Piper and Koyuncuoğlu-Köksal Law Office are providing legal, financial and strategic consultancy services to the Turkish Ministry of Health as a partnership for the project.
ACTECON is in Saudi Arabia
Gulf Cooperation Council Safeguard Investigation
Dr. Fevzi Toksoy and Evren Güldoğan from ACTECON participated on 28 December 2009 to the public hearing held in Riyadh, Saudi Arabia for the safeguard investigation on angles, channels and beams initiated by the Gulf Cooperation Council. ACTECON is representing Istanbul Mineral and Metals Exporters’ Association in the investigation.