Gönenç Gürkaynak

ELIG Gürkaynak Attorneys-at-Law (Istanbul)
Lawyer (Founding Partner)

Mr. Gönenç Gürkaynak is a founding partner of ELIG Gürkaynak Attorneys-at-Law, a leading law firm of 90 lawyers based in Istanbul, Turkey. Mr. Gürkaynak graduated from Ankara University, Faculty of Law in 1997, and was called to the Istanbul Bar in 1998. Mr. Gürkaynak received his LL.M. degree from Harvard Law School, and is qualified to practice in Istanbul, New York, Brussels and England and Wales (currently a non-practising Solicitor). Before founding ELIG Gürkaynak Attorneys-at-Law in 2005, Mr. Gürkaynak worked as an attorney at the Istanbul, New York and Brussels offices of a global law firm for more than eight years. Mr. Gürkaynak heads the competition law and regulatory department of ELIG Gürkaynak Attorneys-at-Law, which currently consists of 45 lawyers. He has unparalleled experience in Turkish competition law counseling issues with more than 20 years of competition law experience, starting with the establishment of the Turkish Competition Authority. Every year Mr. Gürkaynak represents multinational companies and large domestic clients in more than 35 written and oral defences in investigations of the Turkish Competition Authority, about 15 antitrust appeal cases in the high administrative court, and over 85 merger clearances of the Turkish Competition Authority, in addition to coordinating various worldwide merger notifications, drafting non-compete agreements and clauses, and preparing hundreds of legal memoranda concerning a wide array of Turkish and EC competition law topics. Mr. Gürkaynak frequently speaks at conferences and symposia on competition law matters. He has published more than 150 articles in English and Turkish by various international and local publishers. Mr. Gürkaynak also holds teaching positions at undergraduate and graduate levels at two universities, and gives lectures in other universities in Turkey.

Distinctions

Linked authors

Mayer Brown (Paris)
J. Sagar Associates (Mumbai)
ASML (Veldhoven)
Scharf Banks Marmor (Chicago)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
British Competition Authority - CMA (London)
Rajah & Tann (Singapore)
Sari Eldin & Partners

Videos

Gönenç Gürkaynak (ELIG Gürkaynak Attorneys-at-Law)
Gönenç Gürkaynak 14 June 2019 Paris
Gönenç Gürkaynak (ELIG Gürkaynak Attorneys-at-Law)
Gönenç Gürkaynak 26 October 2018 New York
Gönenç Gürkaynak
Gönenç Gürkaynak 28 October 2016 New York

Articles

6884 Bulletin

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

246

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, Burcu Can The Ankara 9th Administrative Court orders a stay of execution on a port acquisition after the Competition Board’s conditional clearance with behavioural remedies (Kumport)

539

Background Limar Liman ve Gemi İşletmeleri A.Ş. (“Limar”), which is controlled by Arkas Holding A.Ş. (“Arkas”) notified to the Turkish Competition Authority (the “Authority”) its acquisition of the sole control over Mardaş Marmara Deniz İşletmeciliği A.Ş. (“Mardaş” or the “Target”) operating the Ambarlı (...)

Gönenç Gürkaynak, Eda Duru The Turkish Competition Board persists in its assessment concerning exclusivity practices of a company dealership agreements concerning the sales of chicken meat and eggs (Abalıoğlu)

111

In a preliminary investigation in 2011 on the allegations that Abalıoğlu Yem Soya ve Tekstil A.Ş. (“ Abalıoğlu ”) had exclusivity clauses in its dealership agreements concerning the sales of chicken meat and eggs under “Lezita” brand, the Board had decided that Abalıoğlu had not violated the Law No. (...)

Ceren Özkanlı Samlı, Gönenç Gürkaynak The Turkish Competition Board finds no-poaching clauses in a gym company franchising agreements to be against competition law (BFIT)

144

This case summary includes an analysis of Turkish Competition Board’s (the “Board”) BFIT preliminary investigation decision (07.02.2019, 19-06/64-27) in which the Board evaluated non-compete and no-poaching obligations imposed by Bfit Sağlık ve Spor Yatırım ve Tic. A.Ş. (“BFIT”) to its franchisees. (...)

Gönenç Gürkaynak, Burcu Can The Turkish Competition Board fines a company for resale price maintenance after the Council of State annulled its first decision finding no infringement regarding prepaid card prices (Turkcell II)

56

The Turkish Competition Board published its reasoned decision on an additional investigation on whether Turkcell İletişim Hizmetleri A.Ş. has violated the Law No. 4054 on the Protection of Competition through resale price maintenance and exclusivity practices (19-03/23-10; 10.01.2019). The (...)

Eda Duru, Gönenç Gürkaynak The Ankara 7th Administrative Court annuls the Turkish Competition Board’s dismissal decision regarding the restriction of parallel imports allegations faced by a company in the market of energy system (Mastervolt / Eltesan)

258

The Ankara 7th Administrative Court (“Court”) annulled the dismissal decision of the Turkish Competition Board (“Board”) concerning the allegations that Mastervolt International Holding B.V. (“Mastervolt”) and its exclusive distributor in Turkey, Artı Marin Elektrik Dış Tic. Ltd. Şti. (“Artı Marin”), (...)

Gönenç Gürkaynak, Eda Duru The Turkish Competition Board fines a consumer electronics company for resale price maintenance on online sales channels (Sony)

132

This case summary includes an analysis of the Turkish Competition Board’s (the “Board”) Sony decision (22.11.2018; 18-44/703-345) in which the Board evaluated the allegations concerning resale price maintenance (“RPM”) against Sony Eurasia Pazarlama A.Ş. (“Sony”) upon complaint of a former distributor (...)

Gönenç Gürkaynak, Esra Uçtu The Turkish Competition Board assesses the creation of two separate joint ventures by four companies and decides that it is necessary that a merger control review be completed (GE / Sumitomo / Shikoku / Sharjah / Projectco / O&MCO)

41

The Turkish Competition Board (" Board ") assessed the creation of two separate JVs by General Electric Company (" GE "), Sumitomo Corporation (" Sumitomo "), Shikoku Electric (" Shikoku "), and Sharjah Asset Management Holding (“ Sharjah ”) for the wholesale trade of electric and the generation (...)

Esra Uçtu, Gönenç Gürkaynak The Turkish Competition Board finds that an online platform services for real estate and vehicle sales abused of its dominant position through implementing excessive prices (Sahibinden)

146

This case note analyses the Turkish Competition Board’s (“Board”) recently published Sahibinden.com decision of October 1st, 2018 numbered 18-36/584-285 in which the Board assessed whether Sahibinden Bilgi Teknolojileri Paz. ve Tic. A.Ş. (“Sahibinden.com”) –an online platform which acts as an (...)

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

40

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 The Turkish Competition Board publishes a decision regarding an agreement granting access to infrastructure and support services between two telecom companies (Vodafone / Superonline)

137

The Competition Board recently published its reasoned decision on the application filed by Vodafone Net İletişim Hizmetleri AŞ regarding an agreement signed with Superonline İletişim Hizmetleri AŞ. The agreement concerns Vodafone and Superonline granting each other access to their respective (...)

Burcu Can, Gönenç Gürkaynak The Turkish Competition Board fines a company for obstructing an on-site inspection by cutting off electricity and preventing internet access (Mosaş)

109

Background The Turkish Competition Board (“Board”) initiated a preliminary investigation on March 8, 2018 (Decision No. 18-07/124-M), in the traffic signalization sector. Subsequently, the Turkish Competition Authority’s (“TCA”) case handlers conducted an on-site inspection on June 5, 2018, at the (...)

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

41

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 ”). This case (...)

Betül Baş Çömlekçi, Gönenç Gürkaynak The Turkish Competition Board prohibits the publishing of price lists by two professional federations of translators and translation offices (TUÇEF / TURÇEF)

132

This case summary includes an analysis of the Turkish Competition Board’s (“Board”) TUÇEF and TURÇEF decision (03.05.2018; 18-13/230-105). The Board reviewed the allegations put forward by Berkay Gökçe, a real person, against TURÇEF Yeminli Çevirmenlik Federasyonu (“TURÇEF”) and TUÇEF Uluslararası (...)

Gönenç Gürkaynak The Turkish Competition Board publishes its reasoned decision regarding anticompetitive practices in the pharmaceutical sector and provides explanations on the calculation of the fine after its first decision was annulled on appeal (Turkish Pharmacists Association)

150

A. Introduction The Competition Board (“Board”) has recently published its reasoned decision in its reassessment of the Turkish Pharmacists Association (Türk Eczacıları Birliği) (“TPA”) case, following the annulment decision rendered by the 13th Chamber of the High State Court (“High State Court”). (...)

Eda Duru, Gönenç Gürkaynak The Turkish Competition Board decides not to open an investigation against a company active in online sales of flowers, edible flowers and gifts following allegations of predatory pricing (Çiçek Sepeti)

73

This case summary includes an analysis of the Turkish Competition Board’s (“Competition Board” or “Board”) Çiçek Sepeti decision (08.03.2018; 18-07/111-58). The Board reviewed the allegations put forward by Çiçek Satış A.Ş. (“Çiçek Satış”) against Çiçek Sepeti İnternet Hizmetleri A.Ş. (“Çiçek Sepeti”) (...)

Burcu Can, Gönenç Gürkaynak The Turkish Competition Board fines an electricity distributor and its subsidiary for abuse of dominance (Akdeniz Elektrik)

146

Upon a number of complaints, the Turkish Competition Board (the “Board”) opened an in-depth investigation against Akdeniz Elektrik Dağıtım A.Ş. (“Akdeniz Elektrik”), CK Akdeniz Elektrik Perakende Satış A.Ş. (“CK Akdeniz”) and AK DEN Enerji Dağıtım ve Perakende Satış Hizmetleri (“AK DEN”), which were all (...)

Gönenç Gürkaynak The Turkish Competition Board publishes a decision concerning resale prices and sales conditions of authorised dealers in the paint sector (Jotun Boya Sanayi / Ticaret AŞhad)

128

Introduction On May 5 2018 the Competition Board published its reasoned decision of February 15 2018 (18- 05/74-40) following its preliminary investigation into allegations that Jotun Boya Sanayi ve Ticaret AŞhad violated Article 4 of Law 4054 on the Protection of Competition. The allegations (...)

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

25

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 Board unconditionally approves the acquisition of sole control realized by way of a reverse-triangular merger (UTC / Rockwell)

26

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 the (...)

Gönenç Gürkaynak The Turkish Competition Board concludes its preliminary investigation into possible abusive pricing policies in the furnishing sector (Doğtaş Kelebek Mobilya / Yataş Yorgan ve Yatak)

205

Introduction On January 9 2018 the Competition Board published a reasoned decision dated September 27 2017 (17-30/487-211) following its preliminary investigation into allegations by Doğtaş Kelebek Mobilya San ve Tic AŞ that Yataş Yorgan ve Yatak San ve Tic AŞ had violated Article 4 of Law 4054 on (...)

Gönenç Gürkaynak The Turkish Competition Board concludes its investigation into ready-mixed concrete companies engaging in allegedly concerted practices and decides not to impose any administrative fines (Çimbeton)

274

The Competition Board launched a fully-fledged investigation into 10 ready-mixed concrete companies active in the city of Izmir, which had been accused of undertaking a concerted practice for three months and thus violating Article 4 of Law 4054. Following a 16-month investigation, on August 22 (...)

Eda Duru, Gönenç Gürkaynak The Turkish Competition Board publishes its reasoned decision on the preliminary investigation on the allegations that a white goods manufacturer restricted online sales of its dealers (BSH)

187

This case summary includes an analysis of the Turkish Competition Board’s (“Board”) BSH decision (22.08.2017; 17-27/454-195). The Board reviewed the allegations put forward by Ersan Pazarlama Tic. Ltd. Şti. (“Ersan Pazarlama”) against BSH Ev Aletleri Sanayi ve Ticaret A.Ş. (“BSH”). The Board assessed (...)

Esra Uçtu, Gönenç Gürkaynak The Turkish Competition Board fines an undertaking operating in the wholesale market for fresh fruits and vegetables for hindering an on-site inspection (Çekok Gıda)

154

This case note analyses the Turkish Competition Board’s (“Board”) Çekok Gıda decision dated 03.07.2017 and numbered 17-20/318-140. The Board had initiated an ex-officio preliminary investigation and assessed allegations that eight undertakings operating in the Turkish wholesale market for fresh (...)

Gönenç Gürkaynak, Onur Özgümüş The Turkish Competition Board 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

“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 that a (...)

Eda Duru, Gönenç Gürkaynak The Turkish High State Court annuls the Competition Board’s decision concerning parallel export restrictions in a vertical agreement (Roche / Corena)

214

This case summary includes an analysis of the annulment decision of 13th Chamber of the High State Court (2010/4617 E., 2016/4241 K) (“High State Court”). The High State Court cancelled the Turkish Competition Board’s (the “Board”) decision on parallel export restrictions in vertical agreements. In (...)

Ceren Özkanlı Samlı, Gönenç Gürkaynak The Turkish Competition Board publishes its reasoned decision on the investigation conducted upon allegations of resale price fixing in the auto gas market (Aygaz)

284

This case note analyses the Turkish Competition Board’s (“Board”) Aygaz decision dated 16.11.2016 with No. 16-39/659-294. The Board assessed allegations that Aygaz and its wholly-owned subsidiary, Mogaz A.Ş. (“Mogaz”), had engaged in resale price maintenance (“RPM”). Background The Board initiated (...)

Gönenç Gürkaynak The Turkish Competition Board imposes administrative monetary fine on an expo centre operator for abuse of dominance through refusal to deal (Congresium)

220

This case note analyses the Turkish Competition Board’s (“Board”) Congresium ATO decision dated 27.10.2016 and numbered 16-35/604-269. The Board’s decision comes following the judgment of the Ankara 3rd Administrative Court which annulled the Board’s previous decision with respect to the same case (...)

Gönenç Gürkaynak, Esra Uçtu The Turkish Competition Board grants unconditional approval to a merger between a producer and a distributor of paper (International Paper Company / Weyerhaeuser)

26

This case note analyses the Turkish Competition Board’s (“ Board ”) International Paper Company / Weyerhaeuser decision of 23 September 2016 numbered 16-31/519-233 on the transaction concerning the acquisition of Weyerhaeuser Company’s paper pulp business unit (“ WHPP ”) through the transfer of (...)

Ceren Özkanlı Samlı, Gönenç Gürkaynak The Turkish Competition Board concludes that a new turnover rebate system does not constitute an abuse of dominance in the fuel wholesale market (Tüpraş / Ader)

478

This case note analyses the Turkish Competition Board’s (“Board”) TÜPRAŞ decision of 16.03.2016, No. 16-10/159-70. The Board reviewed the allegations of abuse put forward by Akaryakıt Ana Dağıtım Şirketleri Derneği (“ADER”) against Türkiye Petrol Rafinerileri A.Ş. (“TÜPRAŞ”). TÜPRAŞ allegedly abused its (...)

Gönenç Gürkaynak, Esra Uçtu The Turkish Competition Board decides to grant conditional approval to a transaction based on the commitments offered by the acquiring company after evaluating the parties’ market positions and potential anticompetitive concerns (Bekaert / Pirelli)

28

The Turkish Competition Board’s (the " Board ") assessed the transaction concerning the acquisition of Pirelli Tyre SpA’s (“ Pirelli ”) steel tire cord business by NV Bekaert SA (" Bekaert ") in Turkey. During the Phase II review, the Board evaluated the parties’ market position and the potential (...)

Ceren Özkanlı Samlı, Gönenç Gürkaynak The Turkish Competition Board confirms that the geographical scope of an ancillary restraint should be limited to the “area of operation of the seller before the transaction and its natural sales hinterland" (Cementeire Aldo Barbetti / Çimko)

141

In Turkey, non-compete obligations may be evaluated under the scope of “agreements that restrict competition” or “abusive conducts of dominant undertakings” (Article 4 and 6 of Law No. 4054 on Protection of Competition (“Law No. 4054”), akin to Article 101 and 102 of TFEU, respectively). However, (...)

4215 Review

Gönenç Gürkaynak, Naz Topaloglu Turkey: Innovation-based analysis of mergers

891

Innovation can either be viewed by the competition authorities as a parameter that should be protected from the potential negative effects of a transaction, or it can be utilized by the merging parties as part of a defense argument to set off against or abate the anti-competitive concerns (...)

Ahmet Buğra Aydın, Akira Inoue, Amanda Bodger, Arti Raghavan, Bilal Shaukat, Chang-Sik Hwang, David Tadmor, Douwe Groenevelt, Edward William Batchelor, Farhad Sorabjee, Gillian Sproul, Gönenç Gürkaynak, Gustavo Flausino Coelho, Jean-Maxime Blutel, Kala Anandarajah, Khaled Attia, Kylie Sturtz, Madeleine Renaud, Marilyn Leblanc, Mario Vogl, Martin Nedelka, Matthew F. Jones, Nathalie Jalabert-Doury, Reeti Choudhary, Shai Bakal, Simon Albert, Simone Evans, Theodore L. Banks, Zeynep Ortaç Best practices for compliance programs: Results of an international survey

1853

All companies should employ competition law compliance progams in an attempt to ensure their their employees will follow these complicated laws. Yet, enforcers’ support for competition law compliance programs is wildly inconsistent. A few provide guidance about compliance, and will consider a (...)

Books

Price 230€00 Frédéric Jenny Liber Amicorum

Dr. Frédéric Jenny is the Renaissance man of competition policy. As an economist, scholar, judge and enforcer, he has helped transform the landscape of global competition enforcement. In the first (...)

Date 1 January 2019
Author(s): Nicolas Charbit, Sonia Ahmad (Editors)
Price 230€00
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