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News & Articles
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Competition Law | Articles
Highlights of the Turkish Competition Authority’s M&A Overview Report 2019
Mergers and Acquisitions Overview Report 2019 ("Report") was published at the official website of the Turkish Competition Authority ("TCA") on January 8, 2020. The Report provides brief information on the Turkish merger control system, comparing previous years and 2019 and determining the position of Turkish and foreign companies in the market. The value of Turkish-to-foreign transactions as well as foreign investments in the Turkish companies in 2019 indicates that foreign investors continue to be interested in the Turkish market.
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Competition Law | Articles
Dusseldorf Court's Decision Suspending the Bundeskartellamt's Facebook Ruling: A Guideline For Examining Alleged Exploitative Abuses
In 2019, the Bundeskartellamt rendered one of the most controversial decisions in the recent competition law history, finding that Facebook's making the subscription to its social network conditional upon the acceptance of terms and conditions for the collection and processing of user data (i.e. combining the data collected from other Facebook services [Instagram, WhatsApp, Masquerade and Oculus] as well as from third party websites and applications through Facebook Business Tools, with users Facebook account [i.e. the processing of "Additional Data"]) amounted to an abuse of dominance merely based on the findings that these were incompliant with the GDPR and Facebook was in a dominant position, without establishing a causal link between Facebook's dominance and its ability to apply the allegedly GDPR-incompliant terms and conditions or setting forth concrete consumer harm ("Facebook Decision").
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Competition Law | Articles
The Beginning of the New Challenge: Merger Control in Digital Economy
Innovation is a “must” for most of the companies, especially for big tech such as Facebook, Amazon, Apple, Google, Microsoft and others in a data and tech-driven world. However, it is not always possible for the internal R&D departments to hit the right spots every single time due to both practicability and economic reasons. As a result, seizing the existing opportunities and acquiring a fresh start-up which brings the required innovation with limited resources appears to be a popular solution. However, this approach has its positive and worrisome characteristics in the eyes of competition authorities.
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Regulation | Articles
A Modernized Robinson List: Turkey Introduces Its Commercial Electronic Message Management System
Turkey introduced on January 4, 2020 the Commercial Electronic Message Management System ("IYS" or "System") through the Regulation on the Amendment of the Regulation on Commercial Communication and Commercial Electronic Messages ("Amendment"). With the Amendment, companies (or persons) ("Service Providers") that send commercial electronic messages for marketing purposes will be obliged to comply with certain rules, including being registered with the IYS – a system similar to donotcall.gov of the U.S. Federal Trade Commission or the Telephone Preference Service of the U.K. Office of Communications, all of which serves as a Robinson list of the consumers ("Recipients").
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Competition Law | Articles
ACM has Imposed a Fine of 1.84 million Euros for Deleting WhatsApp Chat Conversations During a Dawn Raid
Dawn raids may become a nerve-racking experience for companies that are under scrutiny of competition authorities and their employees. During a dawn raid, which is performed without prior notice, employees of the relevant undertaking who lack proper training may act in a way that can expose their companies to monetary fine. Dawn raids are often problematic for the companies, since employees may tend to hide or destroy evidence, due to their lack of knowledge of the fact that they should fully cooperate with the competition authority, when an on-the-spot inspection is being conducted.
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Data Protection | Articles
Banks are under Scrutiny of the Turkish Data Protection Authority
Since the enactment of Turkish Personal Data Protection Law no. 6698 ("DP Law"), banking sector has become a field which is subject to close examination of the Turkish Data Protection Authority ("DPA"). It is no surprise that banks have been investigated by the DPA several times and will be under scrutiny for many more times due to the fact that their daily operations include significant amounts of personal data. As such, banks need to realize their responsibilities arising under the DP Law as soon as possible and take the necessary step without delay. Here, the actions taken by the DPA regarding banking sector, and banks in particular, will be explained.
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