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Onur Özgümüş

ELIG Gürkaynak Attorneys-at-Law (Istanbul)

Partner

Mr. O. Onur Özgümüş is a Partner at ELIG Gürkaynak Attorneys-at-Law. Onur graduated from Koç University School of Law in 2008. He was admitted to the Istanbul Bar in 2009. Before joining ELIG Gürkaynak Attorneys-at-Law in 2014, Onur worked at reputable law firms in Istanbul. He has extensive experience in all areas of competition law including compliance to competition law rules, cartel agreements, abuse of dominance cases, merger control and investigations. He has represented various multinational and national companies before the Turkish Competition Authority and before administrative courts. He is fluent in English.

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Articles

4940 Bulletin

Gönenç Gürkaynak, Onur Özgümüş Turkish Antitrust: An overview of national case law

1 June 2023 574

This Special Issue aims to provide detailed insight into the contemporary approaches adopted by the Turkish Competition Board (“Board”), the decisional body of the Turkish Competition Authority (“Authority”) regarding anticompetitive agreements, unilateral conduct and mergers. The approaches adopted by the Board in its recent precedent are heavily influenced by global trends such as the close scrutiny over digital players as well as increasing attention towards competition law issues concerning labour markets. The substantive analysis regarding the anticompetitive agreements, unilateral conduct, and mergers has been shaped by Law No. 4054 on the Protection of Competition (“Law No. 4054”) as well as the secondary legislation. Further to Law No. 4054, there are several mechanisms for the Authority to focus on and to streamline certain of its processes, such as the use of the de minimis principle in its cases, “significant impediment of effective competition” (“SIEC”) test for merger control, behavioural and structural remedies for anti-competitive conducts, and procedural tools including leniency, commitment and settlement mechanisms. The articles within this Special Issue aim to reveal and explain the evolving efforts of the Board in establishing its case law in light of the amendments to the main and secondary legislation by way of also following global trends, as well as taking advantage of the well-established practices under the EU competition law regime in recent years, on various fronts.

Gönenç Gürkaynak, Onur Özgümüş Turkish Antitrust: An overview of national case law

4 August 2022 591

The approaches adopted by the Turkish Competition Board in its recent precedent are heavily influenced by the global trends such as the close scrutiny over digital players as well as increasing attention towards competition law issues concerning labour markets. The substantive analysis regarding the anticompetitive agreements, unilateral conduct, and mergers has been shaped by and adjusted to the recent comprehensive amendments to Law No. 4054 on the Protection of Competition (“Law No. 4054”) as well as the secondary legislation. Amendments to Law No. 4054, which entered into force on June 24, 2020, introduced several mechanisms for the Authority to focus on and to streamline certain of its processes, such as the use of the de minimis principle in its cases, a new substantive test for merger control, behavioural and structural remedies for anti-competitive conduct, and procedural tools including commitments and settlement mechanism. The articles within this Special Issue aim to reveal and explain the evolving efforts of the Board in establishing its own case law in light of the amendments to the main and secondary legislation by way of also following global trends, as well as taking advantage of the well-established practices under the EU competition law regime in recent years, on various fronts.

Gönenç Gürkaynak, Onur Özgümüş, Fırat Eğrilmez The Turkish Council of State recognizes the ne bis in idem principle in competition law (Mey İçki)

2 December 2020 131

Introduction On February 23, 2021, the Turkish Competition Authority (“Authority”) has published seminal judgments of the 13th Chamber of the Council of State (“Council of State”). These are landmark decisions that upheld the Turkish Competition Board’s (“Board”) analysis within the scope (...)

Gönenç Gürkaynak, Eda Duru, Onur Özgümüş Turkish Antitrust: An overview of national case law

29 October 2020 653

This Special Issue presents a collection of significant merger precedents issued by the Turkish Competition Board (“Board”), the decisional body of the Turkish Competition Authority (“Authority”), in recent years. The primary goal of this compilation is to offer useful insights on the Board`s approach to merger review, by way of providing a collection of illustrative examples on various trending topics in terms of the Board’s assessment and enforcement practices with respect to merger control.

Gönenç Gürkaynak, Onur Özgümüş, Fırat Eğrilmez The Turkish Competition Authority publishes guidelines for the examination of digital data during on-site inspections

8 October 2020 124

(1) Introduction The Guidelines on Examination of Digital Data during On-site Inspections (“Guidelines”), which was recently published by the Turkish Competition Authority (“Authority”), specifically refer to the procedure to be followed when the case handlers encounter situations calling (...)

Gönenç Gürkaynak, Onur Özgümüş The Turkish Competition Authority introduces an up-to-date settlement mechanism

24 June 2020 126

(1) Introduction Law No. 4054 on the Protection of Competition (“Competition Law”) has recently gone through the most comprehensive set of amendments since its initial adoption back in 1994. Law No. 7246 on Amendments to the Law on Protection of Competition (“Amendment Law”), which entered (...)

Gönenç Gürkaynak, Onur Özgümüş The Turkish Competition Authority imposes administrative fines on a manufacturer and distributor of heating systems for engaging in vertical restraints (Baymak)

26 March 2020 210

This case summary concerns an analysis of the Board’s Baymak decision, which concerned an administrative monetary fine of TL 26,813,704.10 against Baymak Makina San. ve Tic. A.Ş. (“Baymak”) for the violation of Article 4 of the Law No. 4054 on the Protection of Competition (“Law No. 4054”) (...)

Gönenç Gürkaynak, Onur Özgümüş The Turkish Competition Authority unconditionally approves an acquisition concluding that the parties, both controlled by Chinese State authorities, constitute separate entities (Tsinghua Tongfang / CNNC Capital)

31 October 2019 98

This case summary concerns an analysis of the Board’s CNNC Capital/Tongfang decision, regarding the acquisition of sole control over Tsinghua Tongfang Co. Ltd. (“Tongfang”) by China National Nuclear Corporation Capital Holdings Co. Ltd. (“CNNC Capital”). The Board assessed whether the (...)

Gönenç Gürkaynak, Esra Uçtu, Onur Özgümüş Turkish Antitrust: An overview of national case law

5 September 2019 899

The articles in this Special Issue aim to demonstrate how the Turkish Competition Board (the “Board”) paved the way for the harmonization of the Turkish competition law regime with European Union law over the span of the past decade on various fronts. In a similar vein, these articles also intend to shed light on the contemporary approach adopted by the Board in cases concerning anticompetitive practices, unilateral practices and mergers.

Gönenç Gürkaynak, Onur Özgümüş The Turkish Competition Authority approves the acquisition of a company active in the FinTech sector (PayU / İyzico)

5 September 2019 112

This case summary concerns an analysis of the Board’s PayU/iyzico decision, in which the Board analysed the parties’ market powers in the financial technology (“ FinTech ”) market by applying different market share calculation methods and established the general principles for the assessment (...)

Gönenç Gürkaynak, Onur Özgümüş The Turkish Competition Authority approves a merger focusing its analysis on whether the two State-owned undertakings belong to the same economic unit and whether competition in the relevant product markets takes place on a global level due to their import-oriented nature (Sabic / Saudi Aramco)

29 August 2019 233

This case summary concerns an analysis of the Turkish Competition Board’s (“Board”) Saudi Aramco/Sabic decision, in which the Board focused on whether the two state-owned undertakings belonged to the same economic unit, while also analysing whether competition in the relevant product markets (...)

Gönenç Gürkaynak, Onur Özgümüş The Turkish Competition Authority unconditionally clears a joint-control acquisition in the market for domestic and international freight services (Kerry Logistics / Asav)

4 July 2019 150

This case summary concerns an analysis of the Board’s Kerry Logistics/Asav HoldCo decision, where the Board, by taking into consideration the parties’ intention with regards to the acquisition of sole control, evaluated whether or not to tolerate an interim joint control period that would (...)

Gönenç Gürkaynak, Onur Özgümüş The Ankara 6th Administrative Court annuls the Turkish Competition Authority’s decision and finds that the Authority did not meet the required standard of proof (Sahibinden)

3 July 2019 63

(1) Introduction The decision of the Turkish Competition Board (the “Board”) concerning the full-fledged investigation of the Turkish Competition Authority (the “Authority”) against Sahibinden Bilgi Teknolojileri Pazarlama ve Ticaret A.Ş. (“Sahibinden.com”) has been unanimously overturned (...)

Gönenç Gürkaynak, Onur Özgümüş The Turkish Competition Authority approves the acquisition of a manufacturing company subject to commitments submitted to the EU Commission (Nidec / Embraco)

18 April 2019 91

This case summary concerns an analysis of the Board’s Nidec/Embraco decision, regarding the acquisition of sole control over the compressor manufacturing business (“ Embraco ”) of Whirlpool Corporation (“ Whirlpool ”) by Nidec Corporation (“ Nidec ”). Within the scope of its preliminary review (...)

Gönenç Gürkaynak, Onur Özgümüş, D. Helin Caymazer, Nazlıcan Özgör The Turkish Competition Authority decides not to initiate a full-fledged investigation into 4 cinemas with revenue sharing models (Beşiktaş Kültür Merkezi / Tam Aile Filmleri Fabrikası Stüdyo Film ve Organizasyon Sanayi Ticaret / Nulook Prodüksiyon ve Film Yapım / Çamaşırhane Film Yapım)

8 November 2018 25

(1) Introduction The reasoned decision of the Turkish Competition Board (the “ Board ”) concerning the preliminary investigation initiated by the Turkish Competition Authority (the “ Authority ”) against four movie producers and their professional union has been published on the official (...)

Gönenç Gürkaynak, Onur Özgümüş The Turkish Competition Authority does not fine the notifying party for providing misleading information and approves the acquisition (Jacobs Group / Kasap Family / Jacobs TR)

17 October 2018 63

This case summary concerns an analysis of the Board’s Jacobs decision, in which the Board evaluated the notification submitted by Jacobs TR, regarding the transaction by and between Jacobs Group, Kasap Family and Jacobs TR, a wholly owned subsidiary of Jacobs Group, which intended to acquire (...)

Gönenç Gürkaynak, Onur Özgümüş The Turkish Competition Authority holds that the indirect changes on the shareholding structures of two companies do not constitute concentrations and grants a negative clearance to the transaction (Turkland / Groupmed)

27 August 2018 142

The Turkish Competition Board (“ Board ”) resolved that the transaction would not be deemed as a concentration requiring mandatory merger control filing before the Turkish Competition Authority (the “ Authority ”), given that the transaction would result in shifting alliances. To that end, the (...)

Gönenç Gürkaynak, Onur Özgümüş The Turkish Competition Authority unconditionally approves the acquisition of sole control in the enterprise key management market and in the enterprise encryption software (Gemalto / Thales)

27 August 2018 55

This case summary concerns an analysis of the Board’s Thales/Gemalto decision regarding the acquisition of sole control over Gemalto N.V. (“Gemalto”) by Thales S.A. (“Thales”). The Board indicated that the aggregate market share of the parties would be relatively high in the enterprise key (...)

Gönenç Gürkaynak, Onur Özgümüş The Turkish Competition Authority approves the acquisition of control over a chemical company based on commitments submitted to the EU Commission (Bayer / Monsanto)

8 May 2018 134

The Turkish Competition Board (“ Board ”) granted conditional approval to the acquisition of sole control over Monsanto Company (“ Monsanto ”) by Bayer Aktiengesellschaft (“ Bayer ”), by way of taking into account the commitments submitted before the European Commission (“ Commission ”). (...)

Gönenç Gürkaynak, Onur Özgümüş The Turkish Competition Authority approves acquisition of an IT company subject to a mandatory merger control although the transaction does not satisfy the jurisdictional turnover thresholds on a stand-alone basis (Zirve / Mikro)

18 January 2018 116

By way of taking into account another transaction realized by the same acquirer within the same relevant product market previously, the Turkish Competition Board (“ Board ”) resolved that the contemplated transaction is subject to a mandatory merger control filing, although it does not satisfy (...)

Gönenç Gürkaynak, Onur Özgümüş The Turkish Competition Authority unconditionally approves the acquisition of sole control realized by way of a reverse-triangular merger (UTC / Rockwell)

18 January 2018 124

The Turkish Competition Board (“ Board ”) unconditionally approved the acquisition of sole control over Rockwell Collins, Inc. (“ Rockwell ”) by United Technologies Corporation (“ UTC ”) which will be realized by way of a reverse-triangular merger. This case summary concerns an analysis of (...)

Gönenç Gürkaynak, Onur Özgümüş The Turkish Competition Authority conditionally approves an acquisition of sole control in the market for passive hydraulic actuators, subject to the commitments submitted before the European Commission (Valeo / FTE)

26 October 2017 65

This case summary concerns an analysis of the Board’s Valeo/FTE Group decision, pertaining to the acquisition of sole control over FTE Group Holding GmbH (“FTE Group”) by Valeo Holding GmbH (“Valeo Germany”). The Board resolved that the transaction would result in a horizontally affected (...)

Gönenç Gürkaynak, Onur Özgümüş The Turkish Competition Authority rules that the existence of a casting vote should not hinder the acquisition of indirect joint control over a company in the healthcare sector (PSPIB / Partners Group)

28 February 2017 161

“The Turkish Competition Board (“ Board ”) unconditionally approved the transaction concerning the acquisition of joint control over Cerba Healthcare (“ Cerba ”) by Public Sector Pension Investment Board (“ PSPIB ”) and Partners Group AG (“ Partners Group ”). To that end, the Board resolved (...)