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Export Revenues Must Now be Brought in Turkey: Introduced by the Communiqué on the Protection of the Value of Turkish Lira

International Trade | Articles

Export Revenues Must Now be Brought in Turkey: Introduced by the Communiqué on the Protection of the Value of Turkish Lira

Turkish Lira (TRY) has been alarmingly losing its value for the last couple of months. Indeed, it lost well over 70% of its value against, for instance, US Dollar. While the predictions about the consequences of the "currency crisis" that erupted in Turkey continue to be made, Turkish businesses called for ensuring the stability of the exchange rates. In this regard, the Turkish government has been working on the potential solutions to overcome the currency fluctuation mainly resulting from the tension between the US and Turkey.

New or Old-Fashioned Approach for the Market Definition: Turkish Competition Authority’s TveK/D&R Decision

Competition Law | Articles

New or Old-Fashioned Approach for the Market Definition: Turkish Competition Authority’s TveK/D&R Decision

On August 27, 2018, the Turkish Competition Authority (“TCA”) announced that it had unanimously cleared the acquisition of one of the largest retailers of various products such as books, periodicals, music, electronics, accessories, video games and toys (“D&R”) by another retailer & wholesaler of the relevant products (“TveK”)

Recent Presidential Decrees Made Some Changes to the Turkish Trade Regulation

International Trade | Articles

Recent Presidential Decrees Made Some Changes to the Turkish Trade Regulation

The Turkish President's decrees published on 10 August 2018 amended various provisions concerning customs matters. Below will be sketched the measures (i) establishing additional duties against imports of wall paper and wall coatings, (ii) lowering the customs duty rates on some agricultural products, and (iii) modifying the list of countries eligible to Turkey's generalised system of preferences.

Multilateral Trading System Under Strain: The U.S. and Turkish Measures May Hit Trade Between the Two Countries

International Trade | Articles

Multilateral Trading System Under Strain: The U.S. and Turkish Measures May Hit Trade Between the Two Countries

The recent political tensions between the United States of America ("U.S.") and Turkey have affected in a significant way the trade relations between the two countries in a context of already heated global trade environment (some even describe it as a trade war).

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.

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