Ercüment Erdem

Erdem & Erdem (Istanbul)
Lawyer (Senior Partner)

Ercument Erdem is the Founder and Senior Partner of Erdem & Erdem Law Office. He has approximately 35 years of experience in international commercial law, competition, mergers and acquisitions, privatizations, corporate finance and arbitration. He serves international and national clients in a variety of industries including energy, construction, finance, retail, real estate, aerospace, healthcare and insurance. He has extensive experience in cross-border projects concerning project finance, privatization, mergers and acquisitions and private equity transactions in wide geography including Europe, Asia and CIS countries. Moreover he has successfully represented clients in many arbitration proceedings and enforcement claims in relation to arbitral awards obtained outside of Turkey. He has acted as chairman and sole or party-appointed arbitrator in many international and national arbitrations under different rules including International Chamber of Commerce (ICC) Arbitration, Swiss Arbitration, Moscow Arbitration, United Nations Commission on International Trade Law (UNCITRAL) Arbitration, Tehran Arbitration, and ad hoc arbitrations and is, furthermore, distinguished in this field.Ercüment Erdem is a member of Istanbul Bar Association, the Chair of ICC Commercial Law and Practice Commission, and a member of the ICC Court of Arbitration, ICC Institute Council, ICC Incoterms Expert Group, and ICC Turkish National Committee Arbitration Council as well as a member of several ICC task forces. He is a member of the Association Suisse de l’Arbitrage (ASA), International Bar Association (IBA), Association Henri Capitant des amis de la culture juridique française, and the Research Institute of Banking and Commercial Law. He has highly strong academic background. He is an emeritus professor and still continues to lecture in leading universities such as Galatasaray University in Turkey and Fribourg University in Switzerland. He has almost 35 year experience as a scholar and his research contains competition and antitrust law, international commercial law, mergers and acquisitions, corporate law etc. He has authored books on international trade law, competition law, mergers and acquisitions, commercial enterprise law, CIF sales, bonds, contracts etc. In addition he has authored numerous articles in national or international publications related to commercial law, competition and antitrust law, contracts law, arbitration, complex business litigation issues, dispute resolution etc.

Articles

66160 Bulletin

Ercüment Erdem The Turkish Competition Board assesses the resale price maintenance allegations and imposes an administrative monetary fine in the beauty care sector (Henkel)

21

Introduction In its decision numbered 18-33/556-274 and dated 19.09.2018 (“Decision”) the Turkish Competition Board (“Board”) has evaluated the resale price maintenance allegations against Türk Henkel Kimya Sanayi ve Ticaret A.Ş. (“Henkel”). This Decision is of critical importance, since it provides (...)

Ercüment Erdem The Turkish Competition Board launches a formal investigation to determine if undertakings have engaged in a price fixing agreement based on evidences collected in an on-the-spot inspection (Ortosistem / Medifarm / Benlioğlu Dental / Eksen / Medikodental / Uysal / Dnt / MD / Modern Ortodonti)

20

Introduction Decision numbered 18-09/157-77 and dated 29.03.2018 (“Decision”) of the Turkish Competition Board (“Board”) is critical with respect to evidence that has been obtained in on-the-spot investigations, because this is the first decision in which the Board had taken WhatsApp (...)

Ercüment Erdem The Turkish Competition Board imposes administrative fine on an electricity distribution company and subsidiary for abusing their dominant positions (Akdeniz Elektrik Dağıtım / CK Akdeniz Elektrik Perakende Satış)

43

The Competition Board (“Board”), in its decision dated 20.02.2018 and numbered 18-06/101-52 (“Decision”)[1], has imposed an administrative monetary fine on Akdeniz Elektrik Dağıtım A.Ş. (“Akdeniz EDAS”) and CK Akdeniz Elektrik Perakende Satış A.Ş. (“CK Akdeniz”) for abusing their dominant positions in (...)

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)

42

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)

167

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

107

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 Administrative Court annuls an acquisition in the alcoholic beverages sector and refers it back to the Competition Board (ABI / SAB Miller)

15

Background In its decision dated 01.06.2016 and numbered 16-19/311-140 (“Decision”), the Turkish Competition Board (“Board”) evaluated the acquisition of SABMiller plc’s (“SAB Miller”) control by Anheuser-Busch InBev (“ABI”) (“Transaction”) and granted unconditional approval to the Transaction, which (...)

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

209

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

64

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)

89

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)

183

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

215

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)

123

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)

389

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)

619

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)

546

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)

557

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)

1124

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

1603

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)

1691

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)

697

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 of the State Council’s decision (Roche)

1864

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

1407

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)

2326

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)

3605

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)

4160

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

3012

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

3009

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 (...)

1591 Review

Ercüment Erdem Turkey: A review of merger commitments

1591

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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