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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

Integrated System in the Bus Transportation Services Market – A Type of Agency Agreement or Not?

Competition Law | Articles

Integrated System in the Bus Transportation Services Market – A Type of Agency Agreement or Not?

On October 15, 2018, the Plenary Session of the Administrative Law Chamber of the Council of State ("PSALC") reversed the decision of the 13th Chamber of the Council of State, which annulled the Turkish Competition Authority's ("TCA") decision by which the TCA imposed a fine on Metro Turizm Seyahat Organizasyon ve Ticaret A.Ş. ("Metro Turizm") due to the violation of Article 4 of Law No. 4054 on the Protection of Competition ("Competition Law").

Samsung and Apple Were Fined for "Planned Obsolescence"

Competition Law | Articles

Samsung and Apple Were Fined for "Planned Obsolescence"

Italian Competition Authority, Autorità Garante Della Concorrenza E Del Mercato ("AGCM"), has fined Apple and Samsung on 24 October 2018 due to "planned obsolescence" of their smartphones as they have been slowing down their old phones over the time by implementing inappropriate software and thus, promoting sales of new products.

Turkish Data Protection Authority's Recent Resolution Concerning SMS, E-mail and Call Advertising

Data Protection | Articles

Turkish Data Protection Authority's Recent Resolution Concerning SMS, E-mail and Call Advertising

Shortly after its establishment with the Turkish Data Protection Law No. 6698 ("Law"), the Turkish Data Protection Authority ("DPA") has started to observe the data protection ecosystem of Turkey. In this regard, the DPA has been focusing on the areas, where data protection concerns are perceived more concentratedly. One of the instruments that the DPA has been putting to use is adopting resolutions, where the violation is prevalent. It is worth to note that "resolutions" are different than "decisions" in nature within the meaning of the Law.

Turkish Competition Authority to Reinvent Effects Doctrine in Pharmaceutical Industry: Roche Decision

Competition Law | Articles

Turkish Competition Authority to Reinvent Effects Doctrine in Pharmaceutical Industry: Roche Decision

On 27 September 2018, Turkish Competition Authority (“TCA”) published its decision concerning the allegations that Roche Müstahzarları A.Ş. (“Roche”) had violated articles 4 and 6 of the Law on the Protection of Competition (“Competition Act”).

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