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CJEU's Planet49 Decision: An Update on Valid Consent for Cookie Usage

Data Protection | Articles

CJEU's Planet49 Decision: An Update on Valid Consent for Cookie Usage

On October 1st, Court of Justice of the European Union ("CJEU" or the "Court") issued a decision (i.e. Planet49 Decision) given pursuant to the preliminary ruling procedure upon German Federal Court of Justice's inquiry regarding interpretation of data protection and e-privacy rules applicable in the European Union ("EU") .

Competition Authorities to Investigate Mobile Application Store Dominance

Competition Law | Articles

Competition Authorities to Investigate Mobile Application Store Dominance

Competition authorities are tuned into mobile app stores, trying to implement classical competition rules into non-traditional digital markets. This tendency is loudly revealed when European Commission (“Commission”) deemed Google LLC (“Google”) as the dominant undertaking in the app stores for the Android mobile operating system (i.e. Google Play Store) and hit the online search and advertisement giant with €4.34 billion for its anti-competitive practices to strengthen its position in various of other markets through its dominance in the app store market.

Individual Exemption by the Turkish Competition Authority to the Leading Mobile Telecommunications Companies

Competition Law | Articles

Individual Exemption by the Turkish Competition Authority to the Leading Mobile Telecommunications Companies

On 09.09.2019, the Turkish Competition Authority ("TCA") published its reasoned decision in which it granted individual exemption to the Facility Consolidation Cooperation Agreement ("Agreement") signed between Vodafone, TT Mobil and Turkcell, the only three mobile operators in Turkey. The concerned decision is important to illustrate the potential approach to be pursued by the TCA with regard to the cooperation agreements between mobile telecommunications service providers.

Turkey & Middle East  6th Annual International Arbitration and Regulatory Global Summit

Competition Law | News

Turkey & Middle East 6th Annual International Arbitration and Regulatory Global Summit

Our senior associate Mr. Barış Yüksel gave a presentation titled “Anti-Competitive Agreements and Abuse of Dominance in Turkey in Light of the Recent Case Law”. He also acted as one of the moderators at a Grand Panel on Update on Competition Law Issues for Turkey and the European Union. The Turkey & Middle East 6th Annual International Arbitration and Regulatory Global Summit was held on 26th of September at InterContinental Hotel, İstanbul. ACTECON is proud to be one of the sponsors of this important event. Please follow the link to read more about the event. https://lnkd.in/euEhmDG

Turkish Competition Authority's Latest Decision Concerning "Refusal To Supply" and "Export Bans" in the Pharma Sector (Novartis Investigation)

Competition Law | Articles

Turkish Competition Authority's Latest Decision Concerning "Refusal To Supply" and "Export Bans" in the Pharma Sector (Novartis Investigation)

The Turkish Competition Authority ("TCA") recently issued its reasoned decision1 concerning its investigation against Novartis Sağlık Gıda ve Tarım Ürünleri San. ve Tic. A.Ş. ("Novartis"), as a result of which the TCA held that the two undertakings did not violate the The Act on the Protection of Competition ("Competition Act").

Turkish Data Protection Watchdog: If You Use Gmail, You Are Transferring Personal Data Abroad

Data Protection | Articles

Turkish Data Protection Watchdog: If You Use Gmail, You Are Transferring Personal Data Abroad

The Turkish Personal Data Protection Authority ("DPA") recently released a number of decisions that are of significance in various terms such as abuse of right to process personal data and explicit consent. Unlike the Turkish Competition Authority, the DPA is not obliged to publish its decisions, which in fact came under criticism on the ground that it contradicts with the principle of transparency. In considering the range of subjects and sectors that the DPA's have dealt with so far in its published decisions, we understand that the DPA chooses carefully which of its decision should be published with a view to address publicly as many sectors as possible.

Merger Control in the EU and Turkey

Competition Law | News

Merger Control in the EU and Turkey

We are happy to inform you that our book "Merger Control in the EU and Turkey: A Comparative Guide" by Fevzi Toksoy, Bahadir Balki and Hanna Stakheyeva has been published. The book focuses on comparing substantive, procedural and jurisdictional issues and draws parallels on their regulation in the European Union and Turkey.

6th Annual International Arbitration & Regulatory Global Summit

Competition Law | News

6th Annual International Arbitration & Regulatory Global Summit

ACTECON is proud to be one of the sponsors to 6th Annual International Arbitration & Regulatory Global Summit organized by LEGALPLUS and supported by Wolters Kluwer.

The Spanish Competition Authority initiates second-phase examination in connection with an acquisition of a white cement production base (Çimsa/Cemex)

Competition Law | Articles

The Spanish Competition Authority initiates second-phase examination in connection with an acquisition of a white cement production base (Çimsa/Cemex)

Çimsa Çimento ve San. ve Tic. A.Ş. (“ Çimsa ”), a Turkey based international cement manufacturer has made a noti¬cation to the National Commission on Markets and Competition (“ CNMC ” in Spanish) on 05.06.2019 for its agreement with CEMEX S.A.B. de C.V (“ Cemex ”), aimed to purchase Cemex’s Buñol Plant located in Valencia, Spain which is a significant white cement production base in European Economic Area (“ EEA ”).

A Brief Analysis of Competition Law Enforcement in Labor Markets and the Approach of the Turkish Competition Authority

Competition Law | Articles

A Brief Analysis of Competition Law Enforcement in Labor Markets and the Approach of the Turkish Competition Authority

When competition law is considered, first issues that come to mind are anticompetitive agreements between competitors, abusive unilateral practices of dominant undertakings and mergers that restrict competition in relevant product or service markets.

The TCA’s Unstable Approach Towards RPM Practices

Competition Law | Articles

The TCA’s Unstable Approach Towards RPM Practices

In May 2019, Turkish Competition Authority (“TCA”) has published two reasoned decisions, namely Bfit Decision and Minikoli Decision, in which it assesses the resale price maintenance (“RPM”) activities of the concerned undertakings. These decisions bear significance since they represent the TCA’s unstable approach towards RPM activities.

Recent Abuse of Dominance Cases in the Electricity Sector in Turkey

Competition Law | Articles

Recent Abuse of Dominance Cases in the Electricity Sector in Turkey

In 2018 the Turkish Competition Authority (“TCA”) had issued three landmark decisions regarding the Turkish electricity sector. These decisions concern the largest incumbent companies operating providing electricity distribution and retail sale services in various regions of Turkey, namely; CK , Enerjisa and Bereket.

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