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Highlights of the Turkish Competition Authority’s M&A Overview Report 2019

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.

Dusseldorf Court's Decision Suspending the Bundeskartellamt's Facebook Ruling: A Guideline For Examining Alleged Exploitative Abuses

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").

The Beginning of the New Challenge: Merger Control in Digital Economy

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.

A Modernized Robinson List: Turkey Introduces Its Commercial Electronic Message Management System

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").

ACM has Imposed a Fine of 1.84 million Euros for Deleting WhatsApp Chat Conversations During a Dawn Raid

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.

Banks are under Scrutiny of the Turkish Data Protection Authority

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.

The Turkish Competition Authority Imposes a Daily Fine on a Big Tech Company for not Complying with Obligations Previously Imposed (Google)

Competition Law | Articles

The Turkish Competition Authority Imposes a Daily Fine on a Big Tech Company for not Complying with Obligations Previously Imposed (Google)

Turkish Competition Authority (“TCA”) recently published its decision (“Review Decision”) reviewing the obligations that ought to be fulfilled by the economic integrity comprised of Google LLC, Google International LLC and Google Reklamcılık ve Pazarlama Ltd. Şti. (will be referred to as “Google” collectively, hereinafter) pursuant to the TCA’s decision dated 19.09.2018 and numbered 18-33/555-273 (“Infringement Decision”).

Enforcement of International Arbitration Awards

International Trade | News

Enforcement of International Arbitration Awards

On 10.12.2019 our associate Baran Can Yildirim gave a lecture on the Enforcement of International Arbitration Awards at Bogazici University as a guest lecturer in the International Economic Law course of the International Trade Department.

Online Food and Grocery Delivery Markets are Getting Crowded Thanks to the TCA’s Yemeksepeti Decision

Competition Law | Articles

Online Food and Grocery Delivery Markets are Getting Crowded Thanks to the TCA’s Yemeksepeti Decision

With the developments in online services, our habits in everyday life has been changing rapidly. Nowadays, one can cater any of its needs via websites or simple smartphone apps instantly. And all these developments have also been reflected its effects on maybe one of our most common and frequent habit; grocery shopping. We experienced (and still experiencing) the change from going to our friendly neighborhood grocery store to ordering anything we need anytime, anywhere with the promise of delivery within minutes through our smartphones.

Automotive Industry is Moving Towards Electrification via Joint Ventures

Competition Law | Articles

Automotive Industry is Moving Towards Electrification via Joint Ventures

Triggered by the technological advancements and the demand created by the awareness regarding the protection of the environment, electric vehicles (“EVs”) has become a centre of attention for the automotive industry. Also, the emission regulations contributed significantly to this change and the players that have been active in the manufacturing of traditional fossil fuelled vehicles are increasingly moving towards manufacturing EVs.

DeepFake: Yasal Konular ve Çözümler

Data Protection | News

DeepFake: Yasal Konular ve Çözümler

İstanbul Barosu Bilişim Hukuku Komisyonu tarafından 6 Kasım 2019'da düzenlenen etkinlikte Celal Duruhan Aydınlı, DeepFake: Yasal Konular ve Çözümler temalı sunumunu gerçekleştirdi. Konuyla ilgili makalemizi web sitemizde Deepfake: An Assessment from the Perspective of Data Protection Rules başlığından takip ederek okuyabilirsiniz.

Deepfake: An Assessment from the Perspective of Data Protection Rules

Data Protection | Articles

Deepfake: An Assessment from the Perspective of Data Protection Rules

Fake content is nothing new and has been there in the digital realm particularly after the introduction of photo-editing, image creation and graphic design software such as Adobe Photoshop in 1990. The number of them, however, has been alarmingly increasing within the last months. These contents are now very hard to be identified as fake thanks to the "Deepfake". Deepfake has been so far used to create, among others, malicious hoaxes, fake news as well as adult videos.

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