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New Exemptions from the Registration Obligation within the Scope of Turkish Data Protection Rules

Data Protection | Articles

New Exemptions from the Registration Obligation within the Scope of Turkish Data Protection Rules

Similar with what was experienced following the establishment of the Turkish Competition Authority, the Turkish Data Protection Authority ("DPA") has also been working very hard to ensure the establishment of a fair and equitable practice regarding the data protection regime for all relevant stakeholders. In this regard, the DPA has recently granted new exemptions to the registration obligation of the data controllers as regulated under Article 16/2 of the Law No. 6698 on Personal Data Protection) and the Regulation on Data Controller Registry.

Turkey's Personal Data Protection Board Released Three New Decisions

Data Protection | Articles

Turkey's Personal Data Protection Board Released Three New Decisions

The Turkish data protection legislation has become one of the hot topics since its announcement in the Official Gazette in 2016. This has not only raised the question for the companies how to minimize the risks of non-compliance thus to reduce the possibility to be fined, but also lead to some controversies with regard to its both substantive and procedural parts.

TCA Orders Translation Federations to Stop Publishing Price Lists in Turkey

Competition Law | Articles

TCA Orders Translation Federations to Stop Publishing Price Lists in Turkey

The Turkish Competition Authority ("TCA") has issued a warning to Certified Translation Federation ("TURÇEF") and Federation of International Translators and Translation Agencies ("TUÇEF") with its decision dated 3 May 2018 to stop publishing recommended price lists. The decision has revealed that the practices of the industrial associations are still on top of its priorities and the TCA carries on its conservative approach to such practices of associations consisting of competing companies.

Individual Exemption by the Turkish Competition Authority to the Cooperation between One of the Largest Retailers and Mobile App

Competition Law | Articles

Individual Exemption by the Turkish Competition Authority to the Cooperation between One of the Largest Retailers and Mobile App

The products and services surrounding mobile phones (e.g. mobile apps, browsers, search engines) have already proved to be a separate marketing tool for undertakings. This has triggered and created new challenges for competition law enforcement

Turkish Council of State Annulled the Provision Regarding the Account Maintenance Fees Charged by Banks

Competition Law | Articles

Turkish Council of State Annulled the Provision Regarding the Account Maintenance Fees Charged by Banks

Pursuant to lawsuit lodged by Consumer Problems Association ("Association"), 15th Chamber of the Council of State has annulled Article 13 of the Regulation on Basis and Procedures Regarding the Fees Receivable from Financial Consumers ("Regulation") which sets out that the banks may charge to their customers maintenance fees for their bank accounts.

EU's Provisional Safeguard Measures on Steel Products and a Practical Guide for Importers

International Trade | Articles

EU's Provisional Safeguard Measures on Steel Products and a Practical Guide for Importers

The countries in the world trading ecosystem have been taking steps to establish a freer trade since 1947- the time when the General Agreement on Tariff and Trade (GATT) was created. Especially after the establishment of the World Trade Organization in 1995 following the last round of the GATT (Uruguay Round of 1994), the restrictions and bans have rapidly been removed from the exchange of goods between the countries. It is without dispute that the world economy has extensively benefited from the trade liberalization.

Google Android Decision: Is EU Competition Law Becoming a Tool to Impose the Union’s Industrial Policies – Should Turkey Follow the Commission?

Competition Law | Articles

Google Android Decision: Is EU Competition Law Becoming a Tool to Impose the Union’s Industrial Policies – Should Turkey Follow the Commission?

After three years of investigation, on July 18, 2018, The European Commission (“Commission”) issued its decision on the well-known Android case and fined Google LLC (“Google”) an astounding €4.34 billion for abusing its dominant position. The Commission held that “since 2011, Google has imposed illegal restrictions on Android device manufacturers and mobile network operators to cement its dominant position in general internet search”.

Silence does not Mean Consenting to a Concerted Practice: TCA's V-Turizm Decision Reversed on Meritorious Grounds

Competition Law | Articles

Silence does not Mean Consenting to a Concerted Practice: TCA's V-Turizm Decision Reversed on Meritorious Grounds

Taking Turkey's 20-year history of the competition law practice into account, 2018 made history with the developments in administrative judicial review of the Turkish Competition Authority's ("TCA") decisions. Since 1998, no decision by the TCA whereby administrative fines were imposed based on Articles 4 (prohibiting anti-competitive agreements) and 6 (prohibiting abuse of dominance) of the Competition Law had been reversed by the Administrative Courts on meritorious grounds.

Resale Price Maintenance – Following The Effect

Competition Law | Articles

Resale Price Maintenance – Following The Effect

By publishing its reasoned decision1 on the preliminary inquiry against Duru Bulgur Gıda San. ve Tic. A.Ş. ("DURU"), the Turkish Competition Authority ("TCA") has added a new one to its decisions which include effect analysis of resale price maintenance ("RPM") practices. Although, Article 4(1)(a) of Block Exemption Communiqué No. 2002/2 on Vertical Agreements provides that RPM practices would not benefit from block exemption and the TCA used to evaluate RPM as a per se violation, in its recent decisions, the TCA subjects RPM practices to a rule of reason analysis and assesses the effects of such practices. In these decisions2, the TCA has analysed the effects of RPM by considering several factors such as market structure, competition level and effect on consumers.

TCA's Second Clearance for the Same Transaction in Fresh Bread Yeast Sector

Competition Law | Articles

TCA's Second Clearance for the Same Transaction in Fresh Bread Yeast Sector

In 2014 the Turkish Competition Authority ("TCA") had granted a conditional clearance to acquisition of Dosu Maya by Özmaya which reduced the number of players in the yeast market and this decision was annulled by the decision of Ankara 8th Administrative Court. In order to comply with the court decision, the TCA initiated a new examination and this has recently been concluded by TCA. Although the reasoned decision has not been published yet, it is possible to make some inferences by throwing a glance at the result of the TCA's short decision.

White Appliances Sector is Under Turkish Competition Authority's Spotlight

Competition Law | Articles

White Appliances Sector is Under Turkish Competition Authority's Spotlight

Upon the application made by an anonymous party to the Turkish Competition Authority ("TCA") on October 21, 2017, the TCA has initiated a preliminary investigation in order to determine whether Article 4 of the Law on the Protection of the Competition ("Competition Law") is violated by Arçelik Pazarlama A.Ş. ("ARÇELİK"), Vestel Ticaret A.Ş. ("VESTEL") and BSH Ev Aletleri Sanayi ve Ticaret A.Ş.

Leniency Concluded with TCA’s Opinion Instead a Full-Fledged Investigation-Ready Mix Concrete Industry

Competition Law | Articles

Leniency Concluded with TCA’s Opinion Instead a Full-Fledged Investigation-Ready Mix Concrete Industry

Parallel to the European Union Regulation No 17: First Regulation implementing Articles 85 and 86 of the Treaty, Article 9 (3) of the Law No. 4054 on the Protection of Competition (“Competition Law”) regulates “termination of infringements” as “the Board, prior to taking a decision (…) shall inform in writing the undertaking or associations of undertakings concerned of its opinions concerning how to terminate the infringement”.

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