ELIG Gürkaynak Attorneys-at-Law (Istanbul)

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

Auteurs associés

ELIG Gürkaynak Attorneys-at-Law (Istanbul)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)

10956 | Conférences

Vidéos

Gönenç Gürkaynak (ELIG Gürkaynak Attorneys-at-Law)
Gönenç Gürkaynak 1er novembre 2019 New York
Gönenç Gürkaynak (ELIG Gürkaynak Attorneys-at-Law)
Gönenç Gürkaynak 14 juin 2019 Paris
Gönenç Gürkaynak (ELIG Gürkaynak Attorneys-at-Law)
Gönenç Gürkaynak 26 octobre 2018 New York
Gönenç Gürkaynak
Gönenç Gürkaynak 28 octobre 2016 New York

Articles

19671 Bulletin

Gönenç Gürkaynak, Öznur İnanılır, Berfu Akgun The Turkish Competition Authority announces the launch of a full-fledged investigation against thirty-two undertakings for gentlemen’s agreements in labor markets across Turkey (Yemek Sepeti / Zomato / Commencis...)

190

On April 20, 2021, the Turkish Competition Authority (“Authority”) announced on its website that the Turkish Competition Board (“Board”) had launched a full-fledged investigation against thirty-two undertakings for gentlemen’s agreements in labor markets across Turkey, in order to determine whether (...)

Gönenç Gürkaynak, Öznur İnanılır, Berfu Akgun, Buğrahan Köroğlu The Turkish Competition Authority introduces a settlement mechanism under national competition law

302

In an effort to take one step further in harmonizing the Turkish Competition Law with the EU legislation, the Turkish Competition Authority (“Authority”) has recently introduced the settlement mechanism under Article 43 of the Law No. 4054 on the Protection of Competition (“Law No. 4054”) and the (...)

Gönenç Gürkaynak, Kemal Korhan Yıldırım, Hilal Özçelik Güldeste, Aybüke Akdağ, Aydeniz Baytaş The Turkish High State Court upholds the Competition Authority’s non-fining decision by implementing the non bis in idem principle (Mey İçki / Antalya Alkollü / Efe Alkollü)

386

Introduction In April 2016, the Turkish Competition Board (the “Board”) launched an investigation against Mey İçki San. ve Tic. A.Ş. (“Mey İçki”), a subsidiary of Diageo plc. The investigation aimed to explore the validity of the allegations regarding Mey İçki`s abuse of dominance in the Turkish (...)

Gönenç Gürkaynak The Turkish Competition Authority closes an investigation against an alcohol manufacturer for an alleged abuse of dominance in respect of the non bis in idem principle (Mey İçki)

391

In September 2011, the Turkish Competition Authority (the “Authority”) initiated a preliminary investigation against Mey İçki, a subsidiary of Diageo plc. in order to decide whether it violated Article 6 of Law No. 4054 on Protection of Competition (“Law No.4054”) in the Turkish market for rakı (...)

Gönenç Gürkaynak, Eda Duru, Betül Baş Çömlekçi The Turkish Competition Authority announces its decision to launch a fully-fledged investigation against Big Tech companies (Facebook / WhatsApp)

321

Introduction The Competition Board recently announced its decision to launch a fully fledged investigation, ex officio, against Facebook Inc, Facebook Ireland Ltd, WhatsApp Inc and WhatsApp LLC (together, ’Facebook’) in order to assess whether they had violated Article 6 of Law 4054 on the (...)

Gönenç Gürkaynak, Eda Duru, Betül Baş Çömlekçi, Esma Aktaş, Aslı Su Çoruk The Turkish Competition Authority evaluates a request from an insurance information company for an individual exemption or negative clearance for the payment method application which enables payment with the first six and last four digits of the card number (SBM)

60

This case summary includes an analysis of the Turkish Competition Board’s (“Board”) SBM decision in which the Board evaluated Sigorta Bilgi ve Gözetim Merkezi’s (Insurance Information and Monitoring Center) (“SBM”) request for individual exemption or negative clearance for the payment method (...)

Merve Öner Kabadayı, Gönenç Gürkaynak, Ceren Özkanlı Samlı, Büşra Kirişçioğlu, Ece Cebecioğlu The Turkish Administrative Court renders decisions setting the bar for the standard of proof for abuse of dominance (Sahibinden.com) (Enerjisa)

81

In 2019 and 2020, Turkish administrative courts handed down noteworthy judgments concerning two particular decisions of the Turkish Competition Board (“Board”). In both of these cases, namely the (i) Sahibinden Bilgi Teknolojileri Pazarlama ve Tic. A.Ş. (“Sahibinden”) judgment rendered by the Ankara (...)

Gönenç Gürkaynak, Barış Yüksel, Baran Can Yıldırım, Zeynep Ayata Aydoğan The EU Commission publishes a draft regulation aiming the imposition of ex-ante obligations on providers of certain pre-defined core platform services that qualify as gatekeepers

217

1. Introduction The draft Regulation of the European Parliament and of the Council on Contestable and Fair Markets in the Digital Sector (Digital Markets Act) (“DMA Proposal”) was announced by the European Commission (“Commission”) on December 15, 2020. The DMA Proposal envisages the imposition of (...)

Gönenç Gürkaynak, Sinem Ugur, Büşra Kirişçioğlu The Turkish Competition Authority finalizes its investigation conducted against six undertakings regarding price increases in the fertilizer industry, and provides a thorough analysis on the sector dynamics and the relevant market (Bagfaş / Ege / Gemlik / Gubretas / Igsas / Toros)

32

At the end of 2020, the Turkish Competition Board (“Board”) finalized its assessment on the investigation regarding the price increases in the fertilizer industry, conducted against six undertakings active in the fertilizer manufacturing market in Turkey to determine whether the relevant (...)

Gönenç Gürkaynak, Ceren Özkanlı Samlı, Sinem Ugur The Turkish Competition Authority re-examines allegations on exclusionary practises in the healthcare sector (Siemens)

77

Upon the Ankara 7 th Administrative Court’s annulment its 2016 decision , the Competition Board (“Board”) re-examined the allegations against Siemens Healthcare Sağlık A.Ş. (“Siemens”) concerning abuse of dominance by way of excluding the competitors, engaging in discriminatory practices, and (...)

Gönenç Gürkaynak The Turkish Competition Authority rejects the information exchange scheme proposed by an online platform for failing to fulfill the individual exemption requirements (IMDER)

220

On January 24, 2020, Türkiye İş Makinaları Distribütörleri ve İmalatçıları Birliği (“IMDER”), an association of undertakings active in distribution and production of construction equipment, applied to the Turkish Competition Authority (“Authority”) for a negative clearance or an individual exemption with (...)

Gönenç Gürkaynak, Barış Yüksel, Baran Can Yıldırım, Zeynep Ayata Aydoğan The EU General Court confirms the Commission’s decision finding that a national rail company abused its dominant position on the market (Lietuvos geležinkelai)

100

The Factors Affecting the Use of Essential Facilities Doctrine in Light of the Lithuanian Railway v Commission Decision : A Comparison with the Turkish Practice and Potential Implications 1) Introduction On November 18, 2020, the General Court of the European Union (“General Court”) upheld the (...)

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

515

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, Melih Yağcı The Turkish Competition Authority publishes guidelines on the examination of digital data during on-site inspections

225

(1) Introduction The Turkish Competition Authority (“ TCA ”) recently published its Guidelines on Examination of Digital Data during On-site Inspections (“ Guidelines ”), which set forth the general principles with respect to the examination, processing and storage of data and documents held in the (...)

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

40

(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 for the (...)

Gönenç Gürkaynak, Barış Yüksel, Baran Can Yıldırım The Ankara Administrative Court upholds the fines imposed by the Competition Authority on two electricity sales companies for abuse of dominance and annuls it for a third company (RESCs / AYEDAŞ)

59

(1) Introduction In 2018, in its Enerjisa decision, the Turkish Competition Board (“ Board ”) had imposed administrative fines amounting to a total of TRY 143 million on three retail electricity sales companies (namely AYESAŞ, BAŞKENT and TOROSLAR) (together, the “ RESCs ”) and one electricity (...)

Gönenç Gürkaynak, Eda Duru The Ankara Administrative Court annuls the Turkish Competition Board’s decision to close its preliminary investigation conducted against a company regarding its alleged resale price maintenance practices in the food retailing sector (Duru Bulgur)

119

This case summary includes an analysis of the Ankara 13th Administrative Court’s (the “Court”) judgment, where the Court reviewed and annulled the Turkish Competition Board’s (the “Board”) decision to close its preliminary investigation conducted against Duru Bulgur Gıda San. Tic. A.Ş. (“Duru (...)

Gönenç Gürkaynak, Barış Yüksel, Baran Can Yıldırım The EU Court of Justice addresses how incompatibility with net neutrality shall be assessed under the relevant legislation regarding open internet access (Telenor Magyarország / Nemzeti Média- és Hírközlési Hatóság Elnöke)

113

The Court of Justice of the European Union (“ CJEU ”), in its recent decision with regard to the two joint cases (C‐807/18 and C‐39/19) brought before it for preliminary ruling, addressed how incompatibility with net neutrality shall be assessed under the relevant legislation regarding open (...)

Gönenç Gürkaynak, Eda Duru, Betül Baş Çömlekçi The Turkish Competition Authority evaluates the transaction concerning the acquisition of sole control of a shipping company by a terminal investor (TIL / Marport)

44

This case summary includes an analysis of the Turkish Competition Board’s (“Board”) Marport decision in which the Board evaluated the transaction concerning the acquisition of sole control of Marport Liman İşletmeleri Sanayi ve Ticaret Anonim Şirketi (“Marport”) by Terminal Investment Limited Sàrl (...)

Gönenç Gürkaynak The Turkish Competition Authority grants individual exemption to a subcontracting agreement concluded with a subcontractor in the same market taking into account localization of the import-dependent insulin industry and sustainability of the quality (Novo Nordisk)

39

On November 5, 2019, Novo Nordisk Sağlık Ürünleri Ticaret Ltd. Şti. (“Novo Nordisk”) applied to the Turkish Competition Authority (“Authority”) for a negative clearance or an individual exemption with respect to a subcontracting agreement with Abdi İbrahim İlaç San. ve Tic. A.Ş. (“Abdi İbrahim”), a (...)

Gönenç Gürkaynak, Ceren Özkanlı Samlı The Turkish Competition Authority finds the allegations of an abuse of dominance against an automobile services company groundless and does not initiate a full-fledged investigation (Samuklar / Brisa)

85

On February 13, 2020, the Turkish Competition Board (“Board”) initiated a preliminary investigation upon the complaints received from Samuklar Motorlu Araçlar Madencilik İnş. San. ve Tic. Ltd. Şti.’s (“Samuklar”), which previously worked as the dealer of Brisa Bridgestone Sabancı Lastik San. ve Tic. (...)

Gönenç Gürkaynak The Turkish Parliament approves amendments to the national competition law which introduces mechanisms as to the selection of cases for the Authority to focus on, a substantive test for merger control, behavioral and structural remedies for anti-competitive conduct and procedural tools

278

After rounds of revisions and failed attempts of enactment over a span of several years, the proposal for an amendment to the Law No. 4054 on Protection of Competition (“Law no. 4054”) (“Amendment Proposal”) has finally been approved by the Turkish parliament, namely the Grand National Assembly of (...)

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

107

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”) through (...)

Gönenç Gürkaynak, Öznur İnanılır, Esen Ergül The Turkish Competition Authority announces a zero-tolerance policy against excessive price increases in the food sector during the COVID-19 outbreak

462

The world is clearly going through uncertain times as a result of the COVID-19 outbreak. In Turkey, although at the moment there are significantly fewer confirmed cases of COVID-19 in Turkey as compared to the Western European countries and the UK, the COVID-19 pandemic outbrea k has also (...)

Gönenç Gürkaynak, Barış Yüksel The Turkish Competition Authority fines ready mix concrete producers for a cartel agreement (Coşkunlar / Irgatoğlu / Sorgun Emek / Tamer...)

60

(1) Introduction The Turkish Competition Board’s (“ Board ”) Yozgat Ready Mixed Cement decision (“ Decision ”) was published on September 7, 2020. The Board concluded that certain ready mixed concrete producers operating in Yozgat province of Turkey entered into a cartel agreement by way of forming (...)

Gönenç Gürkaynak, Ceren Özkanlı Samlı The Ankara Administrative Court reassesses the Competition Authority’s decision on price squeezing allegations in the telecommunications sector (Türk Telekom / TTNET)

170

Background In 2012, the Board launched a full-fledged investigation against Türk Telekom and TTNET upon the complaints of certain Internet service providers (“ISP”), alleging that Türk Telekom and TTNET had abused their dominant positions in the wholesale and retail markets for fixed broadband (...)

Gönenç Gürkaynak, Barış Yüksel The Turkish Competition Authority decides that delays by mobile operators regarding the signing of interconnection agreements do not amount to an anti-competitive constructive refusal to deal (NetGSM / Turkcell-Vodafone)

70

The Turkish Competition Board (“Board”) concluded that Turkcell İletişim Hizmetleri A.Ş. (“Turkcell”) and/or Vodafone Telekomünikasyon A.Ş. (“Vodafone”) did not violate Law No. 4054 on the Protection of Competition (“Law No. 4054”) as their conduct did not amount to an anti- competitive constructive (...)

Gönenç Gürkaynak, Eda Duru The Turkish Competition Authority issues an opinion letter regarding its preliminary investigation of a manufacturer of ceramic and granite product for restricting active and passive sales of its dealers outside their territory and for forcing consumers to purchase its products within their provinces (Qua Granit)

117

The Turkish Competition Board (“Board”) published its reasoned decision regarding its preliminary investigation pertaining to the allegations that Hayal Seramik Yapı ve Ürünleri San. Tur. ve Tic. A.Ş. (“Qua Granit”) violated Article 4 of the Law No. 4054 on the Protection of Competition (“Law No. (...)

Gönenç Gürkaynak, Eda Duru The Turkish Competition Authority acknowledges that market shares are not the sole indicators of market power and grants an unconditional clearance to an acquisition in the airline transport market (GA Akaryakıt / THY / Total / Zirve)

45

This case summary concerns an analysis of the Turkish Competition Board’s (“Board”) IGA Akaryakıt/THY/Total/Zirve decision, in which the Board evaluated the acquisition of joint control over IGA Havalimanı Akaryakıt Hizmetleri A.Ş.’s (“IGA Akaryakıt”) shares by Türk Hava Yolları A.O. (“THY”), Total Oil (...)

Gönenç Gürkaynak, Eda Duru The Turkish Competition Authority acknowledges that market shares are not the sole indicators of market power and grants an unconditional clearance to the acquisition of a company in the energy sector (IGA Akaryakıt / THY / Total / Zirve)

53

This case summary concerns an analysis of the Turkish Competition Board’s (“Board”) IGA Akaryakıt/THY/Total/Zirve decision, in which the Board evaluated the acquisition of joint control over IGA Havalimanı Akaryakıt Hizmetleri A.Ş.’s (“IGA Akaryakıt”) shares by Türk Hava Yolları A.O. (“THY”), Total Oil (...)

Gönenç Gürkaynak The Turkish Administrative Court annuls the fining decision of the Competition Authority because it failed to meet the required standards for establishing a competition law infringement based on excessive pricing (Sahibinden.com)

141

This case note analyses Ankara 6th Administrative Court’s (the “Administrative Court”) annulment judgment (18.12.2019 ; 2019/946 E., 2019/2625 K.) through which the Administrative Court reviewed the Turkish Competition Board’s (the “Board”) decision dated 01.10.2018 and numbered 18-36/584-285, (...)

Gönenç Gürkaynak, Ceren Özkanlı Samlı The Turkish Council of State rejects an appeal request made by a cement producer concerning the Regional Administrative Court’s decision which imposed a monetary fine for engaging in concerted practices with its competitors, increasing prices and territorial allocation (Batısöke)

63

This case summary includes an analysis of 13th Chamber of the Council of State’s (“Council of State”) decision (E. 2019/1035, K. 2019/4253, 11.12.2019) concerning the last stop of the judicial review. In the judicial review process, Batisöke Söke Çimento Sanayii T.A.Ş. (“Batısöke”) filed to annul (...)

Gönenç Gürkaynak, Eda Duru The Turkish Competition Authority approves the transaction concerning the indirect acquisition of joint control over a chemical company by an investment fund (Cinven / Vakıf / Barentz)

63

This case summary concerns an analysis of the Board’s Cinven/Vakıf/Barentz decision, in which the Board evaluated the acquisition of joint control over H.L. Barentz B.V. (“ Barentz ”) by (i) an investment fund, which was ultimately controlled by Cinven Capital Management (VI) General Partner (...)

Gönenç Gürkaynak, Onur Özgümüş The Turkish Competition Authority unconditionally approves an acquisition concluding that the parties, both controlled by state authorities of the People’s Republic of China, constitute separate entities (Tsinghua Tongfang / CNNC Capital)

43

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 parties, both (...)

Gönenç Gürkaynak, Eda Duru The Turkish Competition Authority approves the transaction concerning the indirect acquisition of control over a coal and steel company and its business unit for the distribution of steel pipes via a transfer of shares (Van Leeuwen / Benteler)

43

This case summary concerns an analysis of the Turkish Competition Board’s (“Board”) Van Leeuwen/Benteler decision, in which the Board evaluated the acquisition of sole control over Benteler International Aktiengesellschaft’s (“ Benteler ”) business unit for the distribution of steel pipes (“ Target (...)

Gönenç Gürkaynak, Ceren Özkanlı Samlı The Ankara Administrative Court annuls a decision of the Competition Authority in the electronic communication sector due to the incomplete examination (Dogan / Cisco)

67

This case summary includes an analysis of Ankara 11th Administrative Court’s (the “Administrative Court”) decision (24.10.2019, E. 1315, K. 2115) in which the Administrative Court annulled the Turkish Competition Board’s (the “Board”) decision (15-28/317-95, 07.07.2015) due to the incomplete (...)

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

858

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 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)

31

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 takes (...)

Gönenç Gürkaynak, Eda Duru The Turkish Competition Authority evaluates four stand-alone transactions upon a complaint received in the construction sector and concludes that the transactions are not subjected to an approval given that the jurisdictional turnover thresholds is not met (Akdağ Beton / Şenerler Beton / Saray Beton / Sarıkaya Beton / Üç Yıldırım)

30

This case summary concerns an analysis of the Board’s Akdağ Beton/Şenerler Beton/Saray Beton/Sarıkaya Beton/Üç Yıldırım decision, based on an investigation initiated due to a complaint filed with the Turkish Competition Authority against certain ready-mixed concrete companies that were active in Yozgat, (...)

Gönenç Gürkaynak, Onur Özgümüş The Turkish Competition Authority accepts the transitory nature of joint control status despite a relatively long transition period in the transports market (Kerry Logistics / Asav)

40

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 exceed (...)

Gönenç Gürkaynak, Eda Duru The Turkish Competition Authority withdraws the individual exemption granted to an agreement containing exclusivity clauses in the on-trade beer market sector (Tuborg)

222

This case summary includes an analysis of the Turkish Competition Board’s (the “Board”) Tuborg decision (20.06.2019 ; 19-22/335-152) in which the Board withdrew Tuborg Pazarlama A.Ş.’s (“Tuborg”) individual exemption granted to its agreements containing exclusivity clauses with sellers such as (...)

Gönenç Gürkaynak, Burcu Can The Turkish Competition Authority grants an exemption to an electronic refuel and information system bringing together fuel distributors and to end-users in a two-sided market (Platform Aracılık / Danışmanlık)

106

Background The Turkish Competition Board (“Board”) has recently published its reasoned decision on an exemption application by Platform Aracılık ve Danışmanlık Ltd. Şti. (“Platform Aracılık”) regarding its sample agreements (hereinafter referred to as the “Agreement”) with five fuel distributors (“Fuel (...)

Gönenç Gürkaynak, Eda Duru The Turkish Competition Authority fines a professional association for its protocol which resulted in prohibitions regarding competitors’ offers and advertising activities (The Customs Brokers Association of Istanbul / Ünsped Gümrük Müşavirliği ve Lojistik Hizmetleri)

61

This case summary includes an analysis of the Turkish Competition Board’s (the “Board”) Istanbul Customs Brokers Association decision (20.06.2019 ; 19-22/352-158) in which the Board evaluated the allegations raised by Ünsped Gümrük Müşavirliği ve Lojistik Hizmetleri A.Ş (a customs brokerage and (...)

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

39

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 (Phase (...)

Gönenç Gürkaynak, Eda Duru The Turkish Competition Authority approves the transaction concerning the acquisition of joint control over an airline company but gives a "no-go" to certain provisions of the transaction agreement (Air France / Virgin Atlantic)

42

This case summary concerns an analysis of the Board’s Air France/Virgin Atlantic decision, in which the Board evaluated the acquisition of joint control over Virgin Atlantic Limited (“ VAL ”) by Air France-KLM S.A. (“ AFKL ”), Virgin Group Holding Limited (“ Virgin Group ”), and Delta Air Lines, Inc. (...)

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

659

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 Authority persists in its assessment concerning exclusivity practices of a company dealership agreements concerning the sales of chicken meat and eggs (Abalıoğlu)

221

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 Authority finds no-poaching clauses in a gym company’s franchising agreements to be against competition law (BFIT)

350

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 Authority 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)

236

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 Authority’s dismissal decision regarding the restriction of parallel imports allegations faced by a company in the market of energy systems (Mastervolt / Eltesan)

418

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, Esra Uçtu The Turkish Competition Authority determines whether members of the guard rails and road safety systems have violated article 4 of the Law No. 4054 on the Protection of Competition through collusive tendering and bid rigging (Çelik Otokorkuluk)

100

This case note analyses the Turkish Competition Board’s (“Board”) decision of 22 November 2018 numbered 18-44/702-344 in which the Board assessed the allegations that several undertakings–which are all active in the steel guardrail sector in Turkey and members of the Turkish Association of Steel (...)

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

100

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 (...)

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)

27

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 (...)

Esra Uçtu, Gönenç Gürkaynak The Turkish Competition Authority finds that a real estate and vehicle sales online platform abused its dominant position through implementing excessive prices (Sahibinden.com)

327

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, Eda Duru The Turkish Competition Authority conditionally clears a merger, subject to certain structural commitments, in the design, manufacturing, and distribution of sunglasses and prescription optical glasses (Luxottica / Essilor)

39

This case summary concerns an analysis of the Turkish Competition Board’s (“Board”) Luxottica/Essilor decision, in which the Board evaluated the transaction concerning the merger of Luxottica Group S.p.A. (“Luxottica”) and Essilor International Compagnie Générale d’Optique S.A. (“Essilor”). (...)

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)

110

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)

34

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

322

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 Authority fines a company for obstructing an on-site inspection by cutting off electricity and preventing internet access (Mosaş)

228

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 Authority approves the acquisition of control over a chemical company based on commitments submitted to the EU Commission (Bayer / Monsanto)

96

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 Authority prohibits the publishing of price lists by two professional federations of translators and translation offices (TUÇEF / TURÇEF)

277

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 Authority provides explanations on the calculation of the fine after its first decision was annulled on appeal in the pharmaceutical sector (Turkish Pharmacists Association)

249

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 Authority 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)

172

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 Authority fines an electricity distributor and its subsidiary for abuse of dominance (Akdeniz Elektrik)

253

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 Authority publishes a decision concerning resale prices and sales conditions of authorised dealers in the paint sector (Jotun Boya Sanayi / Ticaret AŞhad)

222

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 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)

83

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)

93

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, 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)

28

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 market in (...)

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

289

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 Authority concludes its investigation into ready-mixed concrete companies engaging in allegedly concerted practices and decides not to impose any administrative fines (Çimbeton)

346

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 Authority publishes its reasoned decision regarding the preliminary investigation on the allegations that a white goods manufacturer restricted the online sales of its dealers (BSH)

323

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 (...)

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

221

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, Esra Uçtu The Turkish Competition Authority clears a conglomerate merger by granting unconditional approval to the transaction (Vive / Toyota)

72

This case note analyses the Turkish Competition Board’s (the “ Board ”) Vive B.V./Toyota decision of 6 April 2017 numbered 17-12/143-63 regarding the transaction by which Toyota Industries Corporation (“ TICO ”), through its subsidiary Toyota Industries Europe AB (“ Toyota Europe ”) will acquire all (...)

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)

102

“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 Authority’s decision concerning parallel export restrictions in a vertical agreement (Roche / Corena)

313

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 Authority publishes its reasoned decision on the investigations conducted upon the allegation of resale price fixing in the auto gas market (Aygaz)

507

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 Authority imposes administrative monetary fine on an expo centre operator for abuse of dominance through refusal to deal (Congresium)

294

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 Authority grants unconditional approval to a merger between a producer and a distributor of paper (International Paper Company / Weyerhaeuser)

84

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 Authority concludes that a turnover rebate system does not constitute an abuse of dominance in the fuel wholesale market (Tüpraş / Ader)

604

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 Authority 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)

82

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 Authority 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)

1720

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, (...)

8868 Revue

Gönenç Gürkaynak, Simon Holmes, Stanislas Martin, Umberto Berkani, Elise Provost Développement durable : Quel rôle pour la politique de concurrence ? (Demain la concurrences, 3 nov. 2020)

721

Table des matières : Does welfare include the green factor ? Integration of sustainability into competition law, Gönenç Gürkaynak, Founding Partner, ELIG Gürkaynak Attorneys-at-Law, Istanbul, Member of Faculty, Bilkent University Faculty of Law, and Bilgi University Faculty of Law Competition (...)

Paula Farani de Azevedo Silveira, Paula de Andrade Baqueiro, Mor Bakhoum, Arsenio M. Balisacan, Luis Guilherme Ahlo Batista, Laurie Binge, Kevin Davis, Eleanor M. Fox, Gönenç Gürkaynak, Timothy T. Hughes, Helen Kean, Liberty Mncube, Marcio De Oliveira Jr, Leni Papa, George Paul, Daniel Rubinfeld, Pablo Trevisán Competition law and developing countries : Overarching themes from Africa, cartels and corruption, and mergers

2107

Dans cette édition, nous présentons une vue d’ensemble du droit de la concurrence dans les pays en développement, puis nous abordons les thèmes des cartels, de la corruption et des concentrations, évoquées lors de la conférence annuelle "Antitrust and developing and emerging economies" organisée le 1er (...)

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

2308

L’innovation peut soit être considérée par les autorités de concurrence comme un paramètre à protéger des potentiels effets négatifs d’une transaction, ou être utilisée par les parties à une concentration comme un argument de défense visant à éliminer ou à atténuer les préoccupations d’effets (...)

Ahmet Buğra Aydın, Akira Inoue, Amanda Bodger, Arti Raghavan, Bilal Shaukat, Bill Batchelor, Chang-Sik Hwang, David Tadmor, Douwe Groenevelt, 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

2052

Les entreprises devraient toutes mettre en place des programmes de conformité au droit de la concurrence pour assurer le respect de ces règles complexes par leurs salariés. Ceci étant, il n’y a guère de cohérence dans la manière dont ces efforts de conformité sont percus par les autorités. Quelques (...)

Livres

Prix 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 1er janvier 2019
Auteur(s) : Nicolas Charbit, Sonia Ahmad (Editors)
Prix 230€00
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Global Dictionary of Competition Law

The Global Dictionary of Competition Law is a dictionary dedicated to competition law worldwide, edited by Professors Deborah Healey (University of New South Wales), Bill Kovacic (George (...)

Date 1er janvier 1900
Auteur(s) : Deborah Healey, William Kovacic, Pablo Trevisán, Richard Whish (eds.)
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