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ELSA International Summit on Competition Law 2019 İstanbul

Competition Law | News

ELSA International Summit on Competition Law 2019 İstanbul

We proudly announce that ACTECON is the main sponsor of ELSA International Summit on Competition Law that takes place on 10-16 February 2019 in Istanbul. The Summit is the biggest ELSA event in Europe. Over 100 participants from Europe’s law faculties are going to attend lectures on Competition law by ACTECON’s attorneys in collaboration with 2 prominent academicians.

A Preference for Structural Remedies over Behavioural Remedies

Competition Law | Articles

A Preference for Structural Remedies over Behavioural Remedies

Turkish Competition Authority ("TCA") had granted a conditional clearance to transaction concerning acquisition of MARDAŞ, which is a port operator in the Marmara Region, by LİMAR that is under control of Arkas Group1, which has joint control over MARPORT.

No Price Fixing in the Baby Food Products Market

Competition Law | Articles

No Price Fixing in the Baby Food Products Market

In February 2019, the Turkish Competition Authority (“TCA”) released the public version of its decision with regard to its preliminary inquiry against the undertakings producing and/or selling baby food products. Contrary to the price fixing allegations, the TCA found that the concerned undertakings did not breach Article 4 of the Law No. 4054 on the Protection of Competition (“Competition Law ”) and thus held not to initiate a full-fledged investigation.

Potential Trade Remedy Investigations In Turkey

International Trade | Articles

Potential Trade Remedy Investigations In Turkey

While the trade war triggered by the US and the corresponding conservative approaches adopted by almost all of most importing countries still continue, the Turkish Ministry of Trade ("Ministry") published on 19 January 2019 a communiqué reminding the relevant domestic industries that they can apply for the initiation of an expiry review investigation with regard to trade remedy measures whose expiry date is approaching.

Turkey's Recent Trade Policy Investigations: Some Completed, Others Launched

International Trade | Articles

Turkey's Recent Trade Policy Investigations: Some Completed, Others Launched

The Turkish Ministry of Trade ("Ministry") adopted, by the end of 2018 and in early 2019, several communiqués in the area of trade defence. While some of those communiqués are marking the end of existing investigations, others are initiating new investigations.

No More Attorney-Client Privilege for Competition Compliance Programmes in Turkey, at Least for Now…

International Trade | Articles

No More Attorney-Client Privilege for Competition Compliance Programmes in Turkey, at Least for Now…

On 08.08.2018, the TCA had imposed an administrative fine of TRY 140 million (USD 29 million) to various companies controlled by the Enerjisa Group, which operate in the markets for distribution and retail sales of electricity within various regions in Turkey. During the on-the-spot inspection conducted in the premises of one these companies (namely Enerjisa İstanbul Anadolu Yakası Elektrik Perakende Satış A.Ş. ("AYESAŞ")), the TCA officials had seized a document that was prepared by AYESAŞ's lawyers during the course of a competition compliance programme as evidence. Due to AYESAŞ's objections, the relevant document was placed in a sealed envelope without being examined by the TCA officials.

The Turkish Competition Authority's M&A Overview of 2018

Competition Law | Articles

The Turkish Competition Authority's M&A Overview of 2018

Mergers and Acquisitions Overview Report 2018 ("Report") was published at the website of the Turkish Competition Authority ("TCA") on January 9, 2019. The Report provides brief information on the Turkish merger control system and makes comparison between past years and 2018, as well as between Turkish and foreign investments.

Turkey Grants Various Zero-Tariff Rates Through Tariff Quotas

International Trade | Articles

Turkey Grants Various Zero-Tariff Rates Through Tariff Quotas

Tariff quota regulations provide for quantities within which imports are charged lower customs duties. By the end of 2018, Turkey established reduced import duties to zero per cent for a pre-determined volume of goods.

General Court's Taking on the Responsibility of the Parent Company in Deutsche Telekom and the Case Law in Turkey

Competition Law | Articles

General Court's Taking on the Responsibility of the Parent Company in Deutsche Telekom and the Case Law in Turkey

In 2014, Europe's largest telecoms provider Deutsche Telekom and its Slovak subsidiary were imposed a total fine of €69.84m by the European Commission for abusing their dominant position in Slovakia's broadband internet infrastructure market

Turkish Data Protection Watchdog Announced Starwood Guest Reservation Database Security Incident

Data Protection | Articles

Turkish Data Protection Watchdog Announced Starwood Guest Reservation Database Security Incident

Marriott International, Inc. ("Marriott") on December 4, 2018 announced that a major database security incident has occurred in Starwood Hotels and Resorts guest reservation database. The Starwood brands includes major hotels such as, among others, W Hotels and Sheraton Hotels & Resorts. The news spread swiftly in the written and visual media and seriously affected the data subjects, whose private information such as name and credit card details were accessed by unauthorized persons.

Turkey is to Impose Additional Financial Obligations for Recycling of the Products Endangering the Environment

Regulation | Articles

Turkey is to Impose Additional Financial Obligations for Recycling of the Products Endangering the Environment

Turkey published certain amendments to its Environment Law no. 2872 ("Amending Law") on 10.12.2018 and brought additional financial obligations in the form of a "Recycling Contribution Fee" for manufacturers, importers, and consumers of products endangering the environment if not recycled, such as tires, plastic packages, batteries, herbal oil, etc.

Hefty Fine Imposed on Facebook for "Misleading And Aggressive Practices"

Competition Law | Articles

Hefty Fine Imposed on Facebook for "Misleading And Aggressive Practices"

In recent years, social media and technology companies have faced investigations initiated by competition and data protection authorities worldwide for violating data protection rules. It seems that competition and data protection enforcers are less hesitant to impose administrative fines, when it is believed that data protection or competition rules are violated by companies that utilize data as a part of their entrepreneurial activities

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