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The Role of Standard of Proof in Competition Law:  Sahibinden.com Decision

Competition Law | Articles

The Role of Standard of Proof in Competition Law: Sahibinden.com Decision

The standard of proof plays a significant role during the process of the investigations performed within the framework of the competition law. However, no explicit provision regarding the standard of proof which shall be taken as basis in the preliminary and full-fledged investigations carried out within the scope of the Law of Turkey No. 4054 on the Protection of Competition ("Competition Law") is stipulated.

Capacity to Sue of Consumers Whose Interests are Affected was Held under the Microscope of the Administrative Courts in Turkey

Competition Law | Articles

Capacity to Sue of Consumers Whose Interests are Affected was Held under the Microscope of the Administrative Courts in Turkey

The issue of the “appropriate claimant” or the capacity to sue always comes into question at the stage of the judicial review of the decisions of the competition authorities. It is not as easy as it may seem from the first glance, and the case law of the Administrative courts in Turkey is a proof thereof.

Bilgi Üniversitesi Kariyer Günleri-2020

| News

Bilgi Üniversitesi Kariyer Günleri-2020

Bilgi Üniversitesi Kariyer Günleri kapsamında Bilgi Ünv. mezunu Mustafa Ayna, Hukuk Fakültesi öğrencileri ile sohbet toplantısı gerçekleştirdi. Öğrencilere ACTECON'daki çalışma alanlarına ve ofise dair bilgi verdi. Ayrıca iş yaşamında genç hukukçulardan beklentilerimizi aktardı.

Yapay Zeka ve Etik- Hukuk ile İlişkisi

Regulation | News

Yapay Zeka ve Etik- Hukuk ile İlişkisi

Arkhe Yapay Zeka Günü faaliyetleri kapsamında Celal Duruhan Aydınlı Yapay Zeka ve Etik konulu sunumunu 22 Şubat 2020 tarihinde gerçekleştirdi.

TCA’s Preliminary Inquiry into Google’s Shopping Unit Bidding Mechanism

Competition Law | Articles

TCA’s Preliminary Inquiry into Google’s Shopping Unit Bidding Mechanism

On 07.11.2019, the Turkish Competition Authority (“TCA”) concluded its preliminary inquiry regarding Google’s bidding system and decided not to initiate a full-fledged investigation. Said preliminary inquiry had been initiated upon a 28.02.2019 dated complaint made with confidentiality request.

TCA’s Google Search (Shopping) Case: Fine was Imposed

Competition Law | News

TCA’s Google Search (Shopping) Case: Fine was Imposed

Turkish Competition Authority (“TCA”) announced on 14.02.2020 its final decision to fine Google Reklamcılık ve Pazarlama Ltd. Şti., Google International LLC, Google LLC, Google Ireland Limited and Alphabet Inc (will be referred to as “Google” collectively, hereinafter).

TCA is Signalling a Strict Approach to the Prevention of Parallel Trade

Competition Law | Articles

TCA is Signalling a Strict Approach to the Prevention of Parallel Trade

On 29.01.2020, Turkish Competition Authority (“TCA”) announced its final decision (“Final Decision”) concerning the investigation conducted against Artı Marin Mobil Enerji Sistemleri Inc. (“Artı Marin”) and Mastervolt International Holding BV (“Mastervolt”), a Netherlands based energy solutions company. The TCA imposed an administrative fine on Mastervolt, for obstructing parallel trade to Turkish market. The TCA’s reasoning as to the fining decision is yet to be published.

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.

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