Ercüment Erdem

Erdem & Erdem (Istanbul)
Lawyer (Partner)

Professor Erdem is the Senior Partner of Erdem & Erdem Law Office in Istanbul and Izmir, Turkey and Professor (E.) of Commercial Law at Galatasaray University (Istanbul). He holds a LLM from Ankara University (1986 with honours) and Ph.D from University of Fribourg (1990). H. Ercument Erdem is the member of Istanbul Bar Association, the President of Mergers and Acquisitions Commission of the Competition Association Advisory Board, the Vice–Chair of the ICC Commission on Commercial Law and Practice and Member of the ICC Incoterms Experts Group, the Council Member of the ICC Institute of World Business Law and the Member of the ICC Turkish National Committee Arbitration, the Council Member of Association Henri Capitant des Amis de la Culture Juridique Française, the Advisory Council of Banking and Commercial Law Research Institute, Association Suisse de l’Arbitrage (ASA) and International Bar Association (IBA). He specializes in the field of competition law, international commercial law and arbitration and has published several books and articles on these issues. Prof. Dr. Erdem has collaborated for many years with the ICC and has actively participated in several ICC Task Forces, drafting model contracts for international business (e.g. agency, distribution, confidentiality, mergers & acquisition, occasional intermediaries, Incoterms). He speaks Turkish, English and French.

Articles

64154 Bulletin

Ercüment Erdem The Turkish Competition Board closes a pre-investigation on possible collusion on the construction sector and fines one undertaking for hindering on-the-spot inspection (Nuhoğlu)

15

The Competition Board (“Board”), in its decision dated 21.12.2017 and numbered 17-42/669-297 (“Decision”), has imposed an administrative monetary fine on Nuhoğlu İnşaat Sanayi ve Ticaret A.Ş. (“Nuhoğlu”) for hindering on-the-spot inspections in accordance with Art. 16 (1) (d) of Act No. 4054 on the (...)

Ercüment Erdem The Turkish Competition Board prohibits a merger in the shipping market despite remedies offered by the merging parties (UN Ro-Ro / Ulusoy)

86

The Competition Board (“Board”), in its decision dated 9.11.2017 and numbered 17-36/595-259 (“Decision”), has rejected the acquisition of the full shares of Ulusoy Deniz Taşımacılığı A.Ş., Ulusoy Gemi İşletmeleri A.Ş., Ulusoy Ro-Ro İşletmeleri A.Ş., Ulusoy Ro-Ro Yatırımları A.Ş., Ulusoy Gemi Acenteliği A.Ş., (...)

Ercüment Erdem The Turkish Competition Authority publishes its Motor Vehicles Sector Report and a New Block Exemption Communiqué on Vertical Agreements in Motor Vehicles Sector

36

Introduction The motor vehicles sector is one of the biggest sectors in today’s world, and it has enormous impact in a variety of associated sectors, such as iron and steel, light metals, petrochemical, tire, plastics, tourism, and transportation. The automotive industry is one of the major (...)

Ercüment Erdem The Turkish Competition Board grants individual exemption to an agreement signed on broadcasting rights (Turkish Basketball Federation/ Digiturk)

179

The Competition Board (“Board”) has granted individual exemption to the Media Rights Agreement (“Agreement”) signed by and between Turkish Basketball Federation (“TBF”) and Krea İçerik Hizmetleri ve Prodüksiyon A.Ş. (“Digiturk”) in accordance with Art. 5 of Act on the Protection of Competition No. 4054 (...)

Ercüment Erdem The Turkish Competition Authority submits to public consultation the Regulation Project on Fines to apply in cases of violations of the Act on the Protection of Competition

45

Article 16 entitled “Administrative Fine” of the Act on the Protection of Competition No. 4054 (“Competition Act”) regulates fines for undertakings, associations of undertakings and employees and/or administrators of such undertakings or associations of undertakings, who engage in anti-competitive (...)

Ercüment Erdem The Turkish Competition Authority issues the communiqué on the procedures and principles to be pursued in pre-notifications and authorization applications to be filed with the NCA in order for acquisitions via privatization to become legally valid (Communiqué No. 2013/2)

78

The Communiqué on the Procedures and Principles to be Pursued in Pre-Notifications and Authorization Applications to be Filed with the Competition Authority in order for Acquisitions via Privatization to Become Legally Valid No. 1998/4 (“Communiqué No. 1998/4”), in force for fifteen years, was (...)

Ercüment Erdem The Turkish Competition Board decides that a mechanical door lock manufacturer did not abuse its dominant position through various pricing practices (Kale Kilit)

110

The Competition Board (“Board”) decided in its decision dated 06.12.2012 and numbered 12-62/1633-598 that Kale Kilit ve Kalıp Sanayi Anonim Şirketi (“Kale Kilit”) did not carry the characteristics of abuse with its predatory pricing practices and discount systems, and therefore decided not to impose (...)

Ercüment Erdem The Turkish Competition Board submits to public consultation a draft guidelines relating to horizontal cooperation agreements including the exchange of information between competitors

182

The exchange of information between competitors is not regulated under Turkish law. This subject was recently handled within the Guidelines Project on the Application of Articles 4 and 5 of the Act No. 4054 on the Protection of Competition in Horizontal Cooperation Agreements (“Guidelines”). (...)

Ercüment Erdem The Turkish Competition Authority unconditionally clears the acquisition of the hard disk drive business of a leading IT company (Seagate/Samsung)

91

The Competition Board (the “Board”) has unconditionally authorized the acquisition of the control over the Hard Disk Drive (“HDD”) of Samsung Electronics Co. Ltd. (“Samsung”) by Seagate Electonics PLC (“Seagate”; “Samsung” and “Seagate” hereinafter referred to as the “Parties”) by concluding that, even (...)

Ercüment Erdem The Turkish Competition Board rules that the tying arrangements on cartridges implemented by leading printers manufacturer does not constitute an abuse of dominant position (Xerox)

370

The Competition Board (the “Board”) decided that integrated circuit implementation in cartridges branded Xerox does not create an abuse of dominant position as stated in Article 6 of the Act No. 4054 on the Protection of Competition (the “Competition Act”) since this system does not prevent (...)

Ercüment Erdem The Turkish Competition Board authorizes a joint control acquisition in the sector of manufacture and sale of components and systems for automotive and motor vehicles (Mahle/Behr)

590

The Competition Board (the “Board”) authorized, under Act No. 4054 on the Protection of Competition numbered 4054 (the “Competition Act”) and the Communiqué No: 2010/4 Concerning the Mergers and Acquisitions Calling for the Authorization of the Competition Board (the “Merger Communiqué”), the (...)

Ercüment Erdem The Turkish Competition Board unconditionally authorizes the acquisition of Italian jeweler and luxury goods retailer by French luxury conglomerate (LVMH/Bulgari)

506

The Competition Board (the “Board”) has unconditionally authorized the acquisition of control of Bulgari S.p.A. (“Bulgari”) by LVMH Moét Hennessy - Louis Vuitton (“LVMH”; “Bulgari” and “LVMH” hereinafter referred to as the “Parties”) since the transaction would not result in creating a dominant position or (...)

Ercüment Erdem The Turkish Competition Board evaluates allegations against luxury car manufacturers for refusing to provide spare parts (Fer Mas Oto Ticaret/Ferrari, Maserati, Aston Martin, Porsche)

528

The Competition Board («Board») evaluated the complaints against Fer Mas raised by a private service alleging that Fer Mas infringed effective competition by refusing to provide the requested spare parts. I. The parties and the allegations The complainant is a private service company providing (...)

Ercüment Erdem The Turkish Competition Board decides that several chicken producers and their professional association distorted competition by establishing a cartel and inflicts fines (Abalıoglu, Banvit, Beypi, CP, Erpilic, Keskinoglu, Pak Tavuk, Seker Pilic and Sen Pilic)

1085

The Competition Board (“CB”), at its discretion, sentenced nine leading undertakings, namely Abalıoglu, Banvit, Beypi, CP, Erpilic, Keskinoglu, Pak Tavuk, Seker Pilic and Sen Pilic to pay a fine of 0.8% of their gross income as accrued at the end of the year 2008. Moreover, the CB had increased (...)

Ercüment Erdem The Turkish Competition board grants conditional authorization for the complete acquisition of Financière Lafarge by the Army Solidarity institution

1571

The Turkish Competition Board (“CB” or “Board”) authorised the acquisition by the Army Solidarity Institution (OYAK) of the shares in Lafarge Aslan Çimento A.Ş. (“Lafarge Aslan”), Lafarge Ereğli Çimento San. ve Tic. A.Ş. (“Lafarge Ereğli”) and Lafarge Beton A.Ş. (“Lafarge Beton”) and registered under (...)

Ercüment Erdem The Turkish Competition Board clears in Phase I a merger in the automobile sector and enlarged the interpretation of “control” by referring to the notion of “negative control” and “negative sole control” (Chrysler/Fiat Merger)

1666

The Turkish Competition Board (“CB”), in its decision numbered 09-31/678-159, dated July 1st, 2009, authorized the acquisition of Chrysler LLC (“Chrysler”) by Fiat S.p.A (“Fiat”), which has taken over all the activities of the Chrysler Group. Operation The acquisition is twofold : Acquisition of (...)

Ercüment Erdem The Turkish Competition Board grants the benefit of the vertical agreement block exemption Communiqué to a distribution agreement and the related usufruct agreement in the liquid fuel sector (Pol Pet / M-Oil)

681

The Competition Board, by its decision No. 09-09/186-56, dated 05 March 2009, reviewed the distribution agreement and the related usufruct agreement between Pol-Pet Petrol Ürünleri Tur. Konaklama ve Din Tesisleri Ltd. Şti. and M-Oil, and decided that the parties can benefit from an exemption whose (...)

Ercüment Erdem The Turkish competition board re-evaluates a complaint of abuse of dominant position in the pharmaceutical sector upon the annulment decision of the State Council (Roche Mustahzarlar)

1816

The Turkish Competition Board (hereinafter referred to as “CB”) had re-evaluated the allegations about the abuse of dominant position by Roche Mustahzarları A.S. (hereinafter referred to as “Roche”), upon the annulment decision of the 13th Chamber of the State Council numbered 31.03.2008 and (...)

Ercüment Erdem The Turkish Parliament passes reform of competition providing parallel regulation with the EU and other developed countries’ practices, reference to EU competition law and amendment proposals within the scope of OECD

1375

The Draft Law to amend the Law on the Protection of Competition (the “Law”) which was published in the Official Gazette n° 22140 dated 19 December 1994 and which became effective as of said date was submitted to the Presidency of the Grand National Assembly of Turkey on 23 June 2008. What is (...)

Ercüment Erdem The Turkish competition board, while accepting the failing company defense, clears a merger conditional to remedies in the daily political newspapers market (Vatan Newspaper / Dogan Group)

2293

The Turkish Competition Board (hereinafter referred to as the “CB”) in its decision numbered 08-23/237-75, dated March 19, 2008 granted conditional authorization for the acquisition of the sole control of Bagımsız Gazeteciler Yayıncılık A.S. and Kemer Yayıncılık ve Gazetecilik A.S. (hereinafter (...)

Ercüment Erdem The Turkish Competition Board authorizes the assignment of the operational rights of the Antalya airport to third parties (Antalya Gazipa Airport/Aydoðan-Gazipa-TAV)

3593

By its decision dated 11 January 2007, the Turkish Competition Board (hereinafter referred as “CB”) granted authorization regarding the assignment of the operational rights of Antalya Gazipaºa Airportthrough renting all facilities, equipment and systems in its current borders, for a period of 25 (...)

Ercüment Erdem Turkish Competition Board clears with remedies a major acquisition in the industrial, medical and special gases sector considering, inter alia, non-compete provisions to be ancillary restrictions (Linde Gaz/BOS)

4129

In its decision dated 11 July 2007, Turkish Competition Board (“CB”) examined the acquisition by Linde Gaz A.S. (“Linde”) affiliate of a worldwide company Linde A.G of Birlesik Oksijen Sanayi A.S (“BOS”) affiliate of KOÇ Group; upon the compliant of Air Liquide alleging that by this acquisition (...)

Ercüment Erdem Turkish merger and privatization regime: An overview

2995

Following the recent developments in Turkish economy, investment growth has been boosted by a series of financial reforms liberalization of regulations within Turkish market. Thus, there has been a wave of major mergers and acquisitions in Turkey during last decade. The domestic and (...)

Ercüment Erdem Overview on Turkish Competition Law

2990

Sources Constitution of the Republic of Turkey Act on the Protection of Competition, adopted on December 7th,1994 ; Official Gazette of December 13th, 1994, n° 22140 Grounds for the Act on the Protection of Competition Turkish Competition Authority (Rekabet Kuruma) Competition Authority’s (...)

1568 Review

Ercüment Erdem Turkey: A review of merger commitments

1568

Malgré l’absence d’une disposition spéciale sur les engagements en droit turc de la concurrence, le Conseil de la Concurrence Turc (« CC »), autorise depuis longtemps les opérations de concentration - normalement non acceptables - sous certaines conditions imposées aux parties. Le CC a, ces derniers (...)

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