Download or read book Turkish Competition Law written by Gönenç Gürkaynak and published by . This book was released on 2021-11-24 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt: Gönenç Gürkaynak illuminates the entirety of Turkish competition law in the first such treatise of its kind, spanning across the historical roots of legislation, policy, and institutions, to substantive aspects, enforcement, and procedure. All components of the law are individually discussed, with extensive references to essential case law that are further enriched by the author's vast experience in the field. The book provides a comprehensive and in-depth analysis of the competition law regime in Turkey, against the backdrop of the country's international commitments, as well as recent amendments to the law. The book is an essential guide for practitioners and academics alike, and for all interested in the future of Turkish competition law in a globalized economy. For its comparative analysis and insights, it is of value to the entire competition community.
Download or read book Turkish competition law written by and published by . This book was released on 2002 with total page 42 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Merger Control in the EU and Turkey written by Fevzi Toksoy and published by Kluwer Law International B.V.. This book was released on 2022-05-11 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: As a country on the way to integration with the European Union (EU), Turkey has been following EU principles in establishing and improving its merger control regime, as well as overall competition law, keeping pace with changes in relevant EU legislation and case law. This book presents, for the first time, a description and analysis of the relationship between the EU and Turkish merger control law and practice. The second edition of the book considers the legislative changes that occurred in 2020-2021, including the reform of the Turkish Competition Law which introduced the significant impediment to effective competition (SIEC) test into the Turkish concentration control. The authors—all three, both practicing lawyers and academicians in Turkey—focus on comparing substantive, procedural and jurisdictional issues and draw parallels on their regulation in the two jurisdictions. These matters include the following: determining whether a transaction shall be regarded as a notifiable merger, hence be subject to control; financial thresholds used for allocating jurisdictions; extraterritoriality of merger control; relationship between the SIEC test and the dominance test; determination of the relevant market; techniques used for assessment of horizontal and non-horizontal mergers; notification requirements; procedural duties of competition authorities in relation to remedies; third-party rights; gun-jumping fines and other sanctions for failure to comply with merger control requirements; and peculiarities of assessment of mergers in the Big Data world. Each chapter provides an overview of the respective issues in the EU and Turkey, projecting a clear understanding of the main similarities and differences in the two regimes. A notable feature is an in-depth analysis of applicable case law concerning each issue, with most of the Turkish decisions available in English for the first time. The book’s comparative approach will prove to be of great value. With its clear answers to questions about what transactions are subject to merger control, what criteria are used in assessing those transactions, and the main issues that a foreign company should be aware of while merging with another foreign company with effect in Turkey and/or EU, the book will be of immeasurable value for lawyers and their business clients dealing with multijurisdictional merger cases. Interested academics and policymakers will also find much here to attract their attention.
Download or read book The Presumption of Concerted Practice in the Turkish Competition Law written by Gönenç Gürkaynak and published by . This book was released on 2001 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The adaption of competition rules in new and future member states to European Union Law V written by Peter Behrens and published by Nomos Verlag. This book was released on 2015-02-13 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: Die Angleichung der Wettbewerbsregeln an das Unionsrecht sowie die Schaffung geeigneter Verwaltungsstrukturen ist für die Länder Zentral- und Osteuropas nach langen Jahren der Planwirtschaft eine besondere Herausforderung im Rahmen des Beitrittsprozesses bzw. der Nachbarschaftspolitik der EU. Die Untersuchung ist der Angleichung des türkischen Kartellrechts an das Unionsrecht auf der Basis der Assoziationsvereinbarungen zwischen der Türkei und der EU gewidmet. Vergleichend analysiert werden das Kartellverbot, das Verbot des Missbrauchs einer marktbeherrschenden Stellung sowie die Zusammenschlusskontrolle einschließlich der Anwendungspraxis und deren Vereinbarkeit mit dem Unionsregeln wie sie von der Kommission und dem EUGH interpretiert werden. Es handelt sich um eine umfassende wissenschaftliche Studie zum türkischen Kartellrecht auf dem aktuellen Stand der Rechtsentwicklung. Sie ist hervorragend geeignet auch der Praxis als wichtige Informationsquelle zu dienen. In englischer Sprache.
Download or read book Turkish Competition Legislation written by S. Murat Çelikten and published by . This book was released on 1998 with total page 107 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book From Mergers to Cartels written by Gonenc Gurkaynak and published by . This book was released on 2018 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt: With its more than a decade-long enforcement practice, Turkish competition law has undergone significant changes that could indicate a move towards converging with the European jurisdiction in many respects. In particular, the Turkish merger control regime has been introduced to a new communiqué and a draft guideline to interpret ex ante merger review in light of especially the new, only-turnover-based notifiability thresholds. Additionally, abuse of dominance, cartel cases, concerted practices and exchange of sensitive competitive information under Turkish competition law bear significant resemblance to their comparable European counterparts, while retaining their Turkey-specific features.
Download or read book The Political Economy of Regulation in Turkey written by Tamer Çetin and published by Springer Science & Business Media. This book was released on 2011-01-12 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Political Economy of Regulation in Turkey brings together leading international scholars and experts on Turkey and regulatory reform to provide essential information on the recent Turkish experience and its relation to competition policy. After the 1980 liberalization reform, Turkey tried to introduce competition in many industries, but network industries have remained as monopolies. At the end of the 1990s, regulatory reform was initiated and independent regulatory agencies have been established by the government. Comprehensive discussions of these network industries, in particular airlines, electricity, natural gas, telecommunications and environment regulations, are offered. The contributors inquire how economic theory and historical analyses can enlighten the character of market processes and the role for government action in these industries, and the contributions shed light on the very recent changes in the regulatory structure and important legal cases that shape the future of regulated industries. This book discusses these issues in an international perspective and relates the Turkish experience to other similar countries, such as in Eastern Europe and Central America. This book serves as a useful guide to those who want to understand major changes in Turkey and regulatory reforms in other emerging markets, making it of interest to researchers and PhD students concerned with regulatory economics, the Turkish economy, and economic policy in emerging markets.
Download or read book A Swarm of Competition Law Based Damages Claims in Turkey written by Sahin Ardiyok and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The competition law enforcement in Turkey is based on private and public enforcement pillars. Turkish Competition Authority (TCA) has sole discretion to enforce the Competition Act whereas the litigations initiated by the victims of anti-competitive conduct are seen in private courts. The Competition Act in Turkey which was enacted in 1994 contains certain provisions concerning the damages claims to be made by the victims of the violations of anti-competitive conduct (e.g. treble damages) and the general provisions of the Law of Obligations concerning tort are also applicable in that respect.
Download or read book The Turkish Competition Authority s Sector Inquiries written by Gonenc Gurkaynak and published by . This book was released on 2018 with total page 10 pages. Available in PDF, EPUB and Kindle. Book excerpt: The increasing use of sector inquiries by competition agencies, including the Turkish Competition Authority, is a result of the fact that sector inquiries reveal the competitive dynamics of a given sector much better than the traditional competition law enforcement means. Pursuant to its competition advocacy policy, the Turkish Competition Authority has so far conducted eight sector inquiries ranging from automotive to natural gas sectors, and four more inquiries are underway. While doing so, the Turkish Competition Authority observes the market research practices of its counterparts. However, conducting sector inquiries raises a number of problems such as costs and procedural transparency. This article reviews the competition law sector inquiries and provides a set of suggestions to improve sector inquiry procedures used in Turkey.
Download or read book Games of Competition written by Barış Ekdi and published by Barış Ekdi. This book was released on 2023-07-03 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: An entertaining book on competition law, written in a storytelling format, based on the author's twenty years of experience, with the aim of helping business people and managers who are very successful in competition, but intend to leave the "competition law compliance" to their lawyers, thus facing million-dollar fines. ---- If you are a highly successful business person, there is no doubt that you know the competition better than your competitors and play the game better than them. When it comes to the law, it seems natural and reasonable for most of us to leave the matter to our lawyers, right? However, when you look at the twenty years of experience in this book, thinking this way can be very costly, for example, it can cost you ten percent of your revenue. Simply, if you are operating in a market, it is inevitable that your path will intersect with competition law at some point. If you have underestimated it, when Competition Experts come knocking on your door, you will see that your lawyers cannot change the simple mistakes you made in the past, they can only try to minimize the fines or damages you will face. Like some of you, they will quickly memorize the relevant legislation, which you have always been avoiding, and you will realize how essential it is for a business person to have at least a minimal understanding of competition law. The author of the book, Barış Ekdi, who served as a Competition Assistant Expert, Competition Expert, Chief Competition Expert, Training Director, and Department Head at the Competition Authority for 16 years since its establishment, and has been practicing competition law on the "other side of the table" since 2013. Having written two theses, two book chapters, and various articles on competition law throughout his professional career, and also being awarded the Orhan Kemal Short Story Prize with his short stories, Barış Ekdi is now undertaking a very ambitious task: to tell the stories of Competition Authority decisions in a storytelling format, to teach the foundations of competition law in an entertaining way, to provide you with an idea of when you should consult a competition lawyer before taking action, to prevent potential mistakes and fines, and even to help you stay one step ahead of your competitors and take necessary measures against anti-competitive actions of other players in the market. The book takes you from the beginning of modern competition law to the present day, showing you how easily you can violate the basic provisions of competition law (and therefore what you should avoid), the exemptions provided, what you need to do before any merger or acquisition, as well as the procedure, how your emails - even your silence - can be used against you, and providing examples from relevant cases to show you how you may face trillion-dollar fines if you hesitate when experts come knocking on your door. The "stories" in each chapter are written to answer the questions of "what is this?", "why is it necessary?", "what is the underlying logic?", and "how is it practically implemented?" Therefore, starting from America and visiting the Bulb Blasting Cartel in Switzerland, the Gazz Brothers at Tilmen Hotel, the Lace-Weaving Grannies Cartel in Şirince, and the rebellious teacher in Kulu, you will have the opportunity to take a look at various markets ranging from poultry to traffic signaling, from coal to media, from cement to cinema, from LPG to dialysis services, and as a business person, you will see strategic mistakes made, and as a consumer, you will see how the decisions made by companies affect you. Similarly, when you see lawyers who unknowingly confess the violations of their clients by pulling expressions from economics textbooks, companies, chambers, bureaucrats, and politicians who unwittingly encourage violations of the law while trying to defend themselves, you will better understand why business people need to be careful and knowledgeable about competition law.
Download or read book Policies for Competition and Competitiveness written by Refik Erzan and published by . This book was released on 1995 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Emerging Markets and U S Horizontal Merger Guidelines written by Gonenc Gurkaynak and published by . This book was released on 2018 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt: Developed economies have historically been a model for emerging market economies, particularly in the development and enforcement of competition laws. Modifications to competition law rules in developed economies, however, may not always be practical for emerging market economies to adopt. Insufficient knowledge, experience, and power of competition law authorities in emerging markets require a structure with greater legal certainty rather than one that provides a wide berth for interpretation. This article provides an overview of some of the significant developments in the 2010 U.S. Horizontal Merger Guidelines from an emerging market perspective. While taking into consideration the general characteristics of emerging market countries, the treatment of four specific topics under the new Guidelines will be scrutinized from a law and economics perspective: market definition, market shares and market concentration, market entry, and coordinated effects. This article also delves into discussions of Turkish competition law matters, as an example of emerging merger regime models, with respect to each of the four areas of discussion.
Download or read book Contemporary Competition Law Issues in the Turkish Airline Industry written by Gonenc Gurkaynak and published by . This book was released on 2018 with total page 42 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unlike other industries, significant changes in the airline industry have not mainly occurred due to technological changes, but rather as a result of developments in the applicable legal framework and various institutional reforms. As a consequence of the deregulation wave which dates back to liberalization of airline sector in the United States in 1978, the airline sector has gone through drastic changes. Certain procedures and practices pertaining to the airline sector, including the pricing strategies of airlines, global airline alliances, code-sharing and aircraft lease agreements, structural barriers to competition (such as the allocation of slots), and issues relating to the consolidation of airline operators have frequently been reviewed by various competition law authorities including Turkish Competition Authority.
Download or read book Restriction of Sales Through Online Marketplaces Considered Hardcore Restriction by the Turkish Competition Board written by Gonenc Gurkaynak and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sales restrictions through online marketplaces (or online marketplace restrictions) have recently been an important topic within the context of the Turkish competition law. Within this scope, the legislative works concerning online marketplace restrictions in Turkey bears a significant similarity to the competition law rules in the European Union. On February 8, 2022, the Turkish Competition Authority published on its official website the Turkish Competition Board's decision1 (BSH Exemption) regarding the online marketplace restrictions imposed by BSH Ev Aletleri ve Sanayi Ticaret A.Ş. (BSH) on its authorised dealers. BSH is one of the biggest manufacturers of small and big household appliances with a large distribution and after-sale network in Turkey. The Turkish Competition Authority, carried out a comprehensive and detailed analysis upon BSH's application to determine whether its absolute online marketplace restriction on its authorised dealers be granted exemption from the competition law rules. In the light of its examinations and detailed analysis, the Turkish Competition Board decided that sales restrictions through online marketplaces does not fall under the scope of Block Exemption Communiqué on Vertical Agreements numbered 2002/2 and also does not meet any of the four criteria of individual exemption. As a result, the restrictions are granted neither block nor individual exemption. This decision is of great importance as it clarifies the Turkish Competition Board's most up-to-date approach towards restriction of sales through online marketplaces, which, with the BSH Exemption, has become more conservative than the one of the European Commission. The Turkish Competition Board, in BSH Exemption, considered the restrictions of sales through online marketplaces as “hardcore restrictions”, whilst similar restrictions are clearly not seen as hardcore restrictions under the European Commission's precedent. This article presents an overview of the BSH Exemption and compares the current approach of the Commission with the approach of the Turkish Competition Board.
Download or read book Economic Evidence in EU Competition Law written by Mitja Kovač and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume addresses the importance, implications, practices, problems and the role of economic evidence in EU competition law. It includes contributions on the use of the economic approach in the application and enforcement of EU competition law in different EU countries, candidate member states and third countries.
Download or read book Competition Law of the European Union written by Van Bael & Bellis and published by Kluwer Law International B.V.. This book was released on 2021-03-01 with total page 1618 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new Sixth Edition of a major work by the well-known competition law team at Van Bael & Bellis in Brussels brings the book up to date to take account of the many developments in the case law and relevant legislation that have occurred since the Fifth Edition in 2010. The authors have also taken the opportunity to write a much-extended chapter on private enforcement and a dedicated section on competition law in the pharmaceutical sector. As one would expect, the new edition continues to meet the challenge for businesses and their counsel, providing a thoroughly practical guide to the application of the EU competition rules. The critical commentary cuts through the theoretical underpinnings of EU competition law to expose its actual impact on business. In this comprehensive new edition, the authors examine such notable developments as the following: important rulings concerning the concept of a restriction by object under Article 101; the extensive case law in the field of cartels, including in relation to cartel facilitation and price signalling; important Article 102 rulings concerning pricing and exclusivity, including the Post Danmark and Intel judgments, as well as standard essential patents; the current block exemption and guidelines applicable to vertical agreements, including those applicable to the motor vehicle sector; developments concerning online distribution, including the Pierre Fabre and Coty rulings; the current guidelines and block exemptions in the field of horizontal cooperation, including the treatment of information exchange; the evolution of EU merger control, including court defeats suffered by the Commission and the case law on procedural infringements; the burgeoning case law related to pharmaceuticals, including concerning reverse payment settlements; the current technology transfer guidelines and block exemption; procedural developments, including in relation to the right to privacy, access to file, parental liability, fining methodology, inability to pay and hybrid settlements; the implementation of the Damages Directive and the first interpretative rulings. As a comprehensive, up-to-date and above all practical analysis of the EU competition rules as developed by the Commission and EU Courts, this authoritative new edition of a classic work stands alone. Like its predecessors, it will be of immeasurable value to both business persons and their legal advisers.
