Introduction For a long time, the place, and limits of social media in the legal order have been the subject of discussion in many countries. As a matter of fact, Germany, which is one of the leading countries in this regard, has seriously addressed the issue, and the German Network Enforcement Act (Netzdurchsetzunggesetz, NetzDG)[1] has […]
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The right of forming trade unions is one of the most important and indispensable fundamental rights, especially for employees. However, the recognition of this right is not effective unless the employees are protected from being subject to discrimination by an employer due to their union membership. For this reason, special guarantees to be explained below […]
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The Amendment to Law No. 4054 on Protection of Competition (“Law no. 4054”) (“Amendment”) entered into force as of the date 24.06.2020 after being published in the Official Gazette of Turkey dated 24.06.2020, numbered 31165. The Amendment involves important innovations such as “de minimis” analysis, “structural remedies”, “commitment” and “settlement” mechanisms which are implemented already […]
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Rekabetin Korunması Hakkında Kanun[1] (“RKHK”) üzerinde değişiklik yapılmasına ilişkin kanun teklifi (“Teklif”) 14.05.2020 tarihinde 108 sayı ile TBMM’ye sunulmuştur. RKHK’nin 1997 yılından beri yürürlükte bulunduğu süre zarfında elde edilen deneyim, bilgi birikimi ve mehaz AB Rekabet Hukuku’nda yaşanan değişikliklere vurgu yapan Teklif; bilhassa muafiyet rejimi, birleşme ve devralma işlemleri, yapısal tedbirler gibi konularda AB hükümlerine […]
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INTRODUCTION Turkish Competition Law audits ex post (after the incident) the abuse of dominant position and/or damaging the competitive market via agreement, concerted practice or decisions of undertakings that are active in the certain markets; it also audits ex ante (before the incident) the competition by subjecting the possible concentration in the sector caused by […]
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MADDE 1- (1) 28/2/2008 tarihli ve 26801 sayılı Resmî Gazete’de yayımlanan Türk Parası Kıymetini Koruma Hakkında 32 Sayılı Karara İlişkin Tebliğ (Tebliğ No: 2008-32/34)’in mülga 8 inci maddesi aşağıdaki şekilde yeniden düzenlenmiştir. “Döviz Cinsinden ve Dövize Endeksli Sözleşmeler MADDE 8- (1) Türkiye’de yerleşik kişiler; kendi aralarında akdedecekleri, konut ve çatılı iş yeri dâhil gayrimenkul satış […]
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INTRODUCTION AND DEFINITIONS In this information note on the amendments to the Guidelines on Vertical Agreements, we first find it beneficial to briefly describe some terms related to competition law. Vertical Agreements : Vertical agreement is an agreement between two or more undertakings operating at different levels of the production or distribution chain to purchase, […]
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On 6 March 2017, TCA web site announced that TCA has opened a formal investigation against the Google. But this opening of formal investigation is not intended by TCA, it was the administrative court that obliged the TCA to open the formal investigation. TCA had rejected the complaints of the Yandex with the decision dated […]
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Turkish Competition Authority (TCA) fined Türk Telekom in fully regulated era of infrastructure and facility sharing due to violation of competition law. As it is a long debate on application of competition law in regulated industry, this decision is an example of competition of laws and regulations on regulated industries. The complaints and effects on […]
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