Contributors Gen Temizer

Gen Temizer
Contact Information
  • Address: Levent Mah. Ebulula Mardin Cad. No: 55, 34330 Beşiktaş, İstanbul
  • Email: [email protected]
  • Phone: +90 (212) 260 34 00
  • Website: www.gentemizer.com
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Memberships

Gen Temizer is a leading independent corporate law firm located in the financial heart of Istanbul.


Has profound knowledge of the local market gained by the combined 80 years’ experience of the name partners managing a large team of talented and diverse lawyers.


Has an outstanding track record of handling cross-border matters for our clients. We have closed hundreds of cross-border transactions worth billions of dollars in the last 10 years.


Managing Partners: Baran Gen and Ebru Temizer

Partners: Ömer Erdoğan, Bulut Girgin, Dila Topuz

Number of partners: 5

Number of other fee-earners: 35


Why Gen Temizer


Commitment to Client Service

Responsiveness, clarity in communication, plain language, pragmatic solutions and high availability are our core values. Our dedication to exceeding expectations means we are always willing to go the extra mile. We work tirelessly to help our clients achieve their goals. Our aim is to enable safe, clear, concise and informed decision-making baselines for our clients.


Broad Bandwidth of our Services

Our services cover a broad bandwidth from company formation to assisting with M&A transactions, from routine regulatory advice to representing global oil & gas giants in their most significant transactions, from negotiating an EPC contract to representing airport operators in their joint venture negotiations, from making routine regulatory filings to assisting international bond issuers through their issuance processes, from providing employment law advice to representing major industrials in their complex commercial disputes before top arbitral institutions.


Full Service Plus       

We are a one-stop shop. Specialist capital markets, antitrust, banking & finance, real estate, data privacy and regulatory practices, among others, allow us to offer comprehensive solutions to our clients. This multi-disciplinary approach ensures we assemble the right lawyers for every project so that every eventuality is covered. If required, our partners who are deeply rooted in the local market will pull the best experts from all areas into a project.


Gender Equality        

Founding and co-managing partners Baran Gen and Ebru Temizer are both exemplary female figures of the Turkish law firm scene and they both have been influential advocates for women's empowerment throughout their +20-year careers. This is reflected at our female-led firm where Diversity & Inclusion is not just a buzzword but the foundation of our firm.


Collegial Culture       

Our firm is not a kingdom or queendom. Our partners strive to establish a collegial culture based on horizontal hierarchy. All lawyers are expected to express themselves and their views are taken seriously by the team leaders. Due to our equity structure, all partners have a shared interest in each client matter, therefore know-how sharing is in the core of our functioning.


Main Areas of Practice

-    Banking & Finance

-    Capital Markets

-    Competition & Compliance

-    Data Privacy

-    Dispute Resolution

-    Employment & Labour Law

-    Energy & Natural Resources

-    Environmental, Social and Governance (ESG)

-    IT & IP

-    M&A, Corporate & Private Equity

-    Projects & Infrastructure

-    Real Estate & Construction

-    Restructuring & Insolvency

-    White-Collar Crime, Risk & Sensitive Investigations


Key Contacts

Banking & Finance, Capital Markets, Energy & Natural Resources, Environmental, Social and Governance (ESG), IT & IP, M&A Corporate & Private Equity, Projects & Infrastructure, White-Collar Cr

Awards

Banking & Finance, Capital Markets, Energy & Natural Resources, Environmental, Social and Governance (ESG), IT & IP, M&A Corporate & Private Equity, Projects & Infrastructure, White-Collar Cr
Banking & Finance, Capital Markets, Dispute Resolution, Energy & Natural Resources, M&A Corporate & Private Equity, Projects & Infrastructure, Real Estate & Construction, Restructuring & Inso
IT & IP, M&A Corporate & Private Equity, Projects & Infrastructure, Real Estate & Construction
Banking & Finance, Capital Markets, M&A Corporate & Private Equity
Banking & Finance, Capital Markets, Dispute Resolution, IT & IP, Projects & Infrastructure
Banking & Finance, Energy & Natural Resources, Projects & Infrastructure
Data Privacy, M&A Corporate & Private Equity

Konut Kira Artış Oranı Bilgilendirme Notu

Bilindiği üzere konut kiraları bakımından 6098 sayılı Türk Borçlar Kanunu’nun (“TBK”) Geçici Madde 1 hükmü uyarınca 8 Haziran 2022 ilâ 1 Temmuz 2023, Geçici Madde 2 hükmü uyarınca ise 2 Temmuz 2023 ilâ 1 Temmuz 2024 tarihleri arasında yenilenecek kira sözleşmelerinde kira artışının tespitine yönelik %25 zam sınırı getirilmişti.

Gen Temizer
21.10.2024

Two-minute Recap of Turkish Competition Law Developments - September 2024

The Competition Board (“Board”) initiated an investigation against Nestle for alleged resale price maintenance and active/passive sales restrictions. Nestle was willing to submit a commitment for active/passive sales restrictions but stated that it would not settle for the resale price maintenance allegations.

Gen Temizer
08.10.2024

Two-minute Recap of Competition Law Matters Around the Globe - September 2024

The Court of Justice of the EU has upheld a EUR 2.4 billion fine imposed on Google by the European Commission for favouring its comparison shopping service Google Shopping.

Gen Temizer
03.10.2024

The Competition Authority’s Draft Guidelines on Competition Infringements in Labor Markets Submitted for Public Opinion

On September 16, 2024, the Turkish Competition Authority published the Draft Guidelines on Competition Infringements in Labor Markets on its website.

Gen Temizer
30.09.2024

Rekabet Kurumu, İş Gücü Piyasalarındaki Rekabet İhlallerine Yönelik Kılavuz Taslağı’nı Kamuoyu Görüşüne Sundu

16 Eylül 2024 tarihinde, Rekabet Kurumu, İş Gücü Piyasalarındaki Rekabet İhlallerine Yönelik Kılavuz Taslağı’nı kamuoyu ile internet sitesi üzerinden paylaştı. Kurum, Taslak Kılavuz ile iş gücü piyasası ve 4054 sayılı Rekabetin Korunması Hakkında Kanun arasındaki ilişki hakkında kamuoyunu ve teşebbüsleri bilgilendirmeyi amaçlıyor.

Gen Temizer
19.09.2024

3B Şehir Modellerinin Oluşturulması İşi için Teklif Çağrısı

Tapu ve Kadastro Genel Müdürlüğü, 27 Ağustos 2024 tarihli Resmî Gazete’de yayımlanan Teklif Çağrısı ile Yeşil ve Sürdürülebilir Kalkınma için Arazi Yönetim Altyapısı Projesi kapsamında “3B Şehir Modellerinin Oluşturulması” işi için nitelikli tekliflerin sunulması adına çağrıda bulunmaktadır.

Gen Temizer
13.09.2024

Call for Bids for the Creation of 3D City Models

The General Directorate of the Land Registry and Cadaster published a Call for Proposal in the Official Gazette dated 27 August 2024 seeking qualified bidders for the “Creation of 3D City Models” under the Green and Sustainable Development for Land Management Infrastructure Project.

Gen Temizer
12.09.2024

Two-minute Recap of Turkish Competition Law Developments - August 2024

Turkish Competition Authority publishes annual activity report » 145 investigations were launched in 2023, 117 of which were full-fledged investigations while 28 were preliminary investigations.

Gen Temizer
10.09.2024

Two-minute Recap of Competition Law Matters Around the Globe - August 2024

The U.S. Department of Justice (DoJ) is reportedly exploring a range of potential remedies for Google’s anti-competitive practices, including a potential break-up, following a recent court ruling that found the company to be abusing its dominance in search and text advertising.

Gen Temizer
09.09.2024

2024-2028 Yılları İçin Türkiye’de Yeşil Dönüşüm Stratejileri

Avrupa Birliği’nde (“AB”), Avrupa Yeşil Mutabakatı (“AYM”) 2050 yılına kadar karbon nötrlüğüne ulaşmak için kapsamlı bir yol haritasını temsil etmektedir. Bu girişim, politika ve uygulamalarını AB’ninkilerle uyumlu hale getirmeye çalışan Türkiye için önemli sonuçlar doğurmaktadır.

Gen Temizer
15.08.2024

Green Transformation Strategies in Türkiye 2024-2028

The European Union’s (“EU”) European Green Deal (“EGD”) is a comprehensive roadmap towards carbon neutrality by 2050. It also has significant implications for Türkiye, which seeks to align its policies and practices with the EU.

Gen Temizer
13.08.2024

Two-minute Recap of Competition Law Matters Around the Globe - July 2024

In the country’s first merger prohibition in four years, the Portuguese Competition Authority blocked the EUR 150 million acquisition of MasMovil’s subsidiary Nowo, despite Vodafone’s proposed remedies, arguing the merger would reduce competition in the Portuguese telecommunications market and lead to higher prices for consumers.

Gen Temizer
12.08.2024

Two-minute Recap of Turkish Competition Law Developments - July 2024

A Turkish Competition Authority investigation into Google examined allegations that various search features offered on its desktop and mobile search results page, including ...

Gen Temizer
08.08.2024

Rekabet Hukuku Merceğinden Sürdürülebilirlik Uygulamaları

Sürdürülebilirlik anlaşmalarının dünya genelinde daha çok rağbet görmeye başlaması, bu anlaşmalar ve benzeri çalışmaların rekabet hukuku çerçevesinde nasıl değerlendirildiği sorusunu beraberinde getirmektedir.

Gen Temizer
02.08.2024

Sustainability Practices Through the Lens of Competition Law

Sustainability agreements have been gaining traction across the globe requiring competition law practices to provide clear, concise advice to their clients. We aim to provide an overview of how ESG processes are assessed under Turkish competition law and in other jurisdictions.

Gen Temizer
01.08.2024

Konutların Turizm Amaçlı Kiralanması Faaliyetlerinin Düzenlenmesine İlişkin Yönetmelikte Değişiklik

26 Temmuz 2024 tarihli ve 32613 sayılı Resmi Gazete’de yayımlanarak yürürlüğe giren değişiklikler ile Konutların Turizm Amaçlı Kiralanması Faaliyetlerinin Düzenlenmesine İlişkin Yönetmelik’te devre mülk hakkı kurulan konutların turizm amaçlı kısa süreli kiralanmasına ilişkin önemli değişiklikler yapılmıştır.

Gen Temizer
31.07.2024

Amendment to the Regulation on Rental Activities of Residential Properties for Tourism Purposes

With the amendments entered into force by publication in the Official Gazette dated 26 July 2024 and numbered 32613, significant amendments were made to the Regulation on Rental Activities of Residential Properties for Tourism Purposes regarding short-term rental of residences with time-share rights for tourism purposes.

Gen Temizer
30.07.2024

Amendment to the Communiqué on Principles Regarding Real Estate Investment Funds

The Communiqué on Principles Regarding Real Estate Investment Funds (III-52.3) (“Communiqué”) regulates the establishment and operating principles of real estate investment funds (“REIFs”), issuance of participation shares and investor disclosures.

Gen Temizer
29.07.2024

Gayrimenkul Yatırım Fonlarına İlişkin Esaslar Tebliği Değişikliği

Gayrimenkul Yatırım Fonlarına İlişkin Esaslar Tebliği (III-52.3), gayrimenkul yatırım fonlarının kuruluşu, faaliyet esasları, katılma paylarının ihracı ve yatırımcıların bilgilendirilmesine ilişkin düzenlemeler içermektedir.

Gen Temizer
26.07.2024

Turizm Tesislerinin Niteliklerine İlişkin Yönetmelik Değişikliği

11 Mayıs 2024 tarihli Resmî Gazete’de yayımlanan 8447 sayılı Cumhurbaşkanı Kararı ile Turizm Tesislerinin Niteliklerine İlişkin Yönetmelik’te önemli değişiklikler yapılmıştır.

Gen Temizer
17.07.2024

Amendment to the Regulation on the Qualifications of Tourism Facilities

Significant amendments have been made to the Regulation on the Qualifications of Tourism Facilities (“Regulation”) in Presidential Decision number 8447 and published in the Official Gazette on 11 May 2024.

Gen Temizer
16.07.2024

Two-minute Recap of Turkish Competition Law Developments - June 2024

Canon, the Japanese optical and imaging company known for its iconic cameras, was fined approximately EUR 1 million for interfering with prices charged by its resellers.

Gen Temizer
12.07.2024

Two-minute Recap of Competition Law Matters Around the Globe - June 2024

E-commerce platform Coupang was fined a record 140 billion won (EUR 94.5 million) by the Korea Fair Trade Commission for manipulating search results to favour its own private brand products over competitors.

Gen Temizer
08.07.2024

Türkiye’de Karbon Piyasaları

Türkiye, iklim değişikliğinin olumsuz etkileriyle mücadele etmeye ve sera gazı emisyonlarını azaltmaya çalışmaktadır. Bu kapsamda 2009 yılında Kyoto Portokolü’ne, 2021 tarihinde Paris İklim Anlaşması’na taraf olmuş ve akabinde 2053 yılına kadar net sıfır emisyon hedefini açıklamıştır.

Gen Temizer
04.07.2024

Carbon Markets in Türkiye

Türkiye is attempting to combat negative impacts of climate change and reduce greenhouse gas emissions.

Gen Temizer
02.07.2024

Kurumsal Sürdürülebilirlik Durum Tespiti Direktifi Avrupa Birliği Tarafından Kabul Edildi

Kurumsal Sürdürülebilirlik Durum Tespiti Direktifi (“CSDDD”), belirli Avrupa Birliği (“AB”) şirketleri ve AB›de faaliyet gösteren AB dışı şirketler için geçerlidir.

Gen Temizer
02.07.2024

Corporate Sustainability Due Diligence Directive Adopted by the European Union

The Corporate Sustainability Due Diligence Directive (“CSDDD”) applies to certain European Union (“EU”) companies and non-EU companies operating in the EU. It aims to improve corporate governance by integrating human rights and environmental risk management, including those arising from value chains, and mitigation processes with corporate strategies.

Gen Temizer
01.07.2024

TKGM 2024-4 Sayılı Genelgesi Açıklandı

Tapu ve Kadastro Genel Müdürlüğü (“TKGM”) 13 Nisan 2024 tarihli ve 2024-4 sayılı Genelge’yi kamuoyuna duyurmuştur. Genelge ile 1 Şubat 2024 tarihinden itibaren geçerli olmak üzere Türk Vatandaşlığı Kanununun Uygulanmasına İlişkin Yönetmelik Hakkında Kılavuz da kamuya açıklanmıştır.

Gen Temizer
26.06.2024

Announcement of TKGM Circular No. 2024-4

The General Directorate of the Land Registry and Cadastre (“TKGM”) has announced Circular No. 2024-4 dated 13 April 2024 (“Circular”). Guidelines on the Implementation Regulation of Turkish Citizenship Law, effective from 1 February 2024, were also released to the public alongside the Circular.

Gen Temizer
26.06.2024

A Less Stringent Approach to the Deletion of Data during Dawn Raids?

The Turkish Competition Authority’s most effective tool for obtaining evidence is dawn raids for hard and soft data.

Gen Temizer
23.06.2024

The Latest Competition Law Amendment – Any Change?

On 3 May 2024, a proposed amendment to several laws, including Law No. 4054 on the Protection of Competition, aiming to expedite and hasten the conduct of investigations was published.

Gen Temizer
23.06.2024

Two-minute Recap of Global Competition Law Matters - May 2024

The US Department of Justice (DoJ) sued Ticketmaster, and its parent company Live Nation, alleging its market monopoly hurts fans, artists and competitors by driving up ticket prices, stifling innovation and constraining artists, venues and ticketing systems.

Gen Temizer
06.06.2024

Rekabet Kanununda Değişiklik Teklifi - Neler Değiştirebilir?

3 Mayıs 2024 tarihinde yayımlanan kanun değişikliği teklifi ile 4054 sayılı Rekabetin Korunması Hakkında Kanun da dahil birçok kanunda değişiklik önerisi sunuldu.

Gen Temizer
28.05.2024

Yerinde İncelemenin Engellenmesi Cephesinde Değişen Bir Şey Var mı?

Rekabet Kurumunun delil elde etmek için en önemli silahı, teşebbüslerin fiziki ve elektronik ortamda tuttuğu verileri ve belgeleri incelemek üzere gerçekleştirdiği yerinde incelemeler.

Gen Temizer
23.05.2024

Two-minute Recap of Competition Law Matters Around the Globe – April 2024

The UK’s Competition and Markets Authority (“CMA”) has decided to initiate a Phase II investigation into Vodafone’s proposed merger of its UK branch with Three, a UK mobile operator owned by CK Hutchison, based in Hong Kong.

Gen Temizer
02.05.2024

Two-minute Recap of Recent Developments in Turkish Competition Law - March 2024

On 6 March 2024, the Turkish Competition Board (“Board”) announced the conclusion of its full-fledged investigation into potential violations of Turkish competition law through informal agreements (known as “gentleman’s agreements”) not to recruit each other’s employees.

Gen Temizer
14.04.2024

Two-minute Recap of Competition Law Matters Around the Globe – March 2024

X (formerly Twitter) and Booking have notified the European Commission (“EC”) of their potential gatekeeper status under the Digital Markets Act (“DMA”). The EC has 45 working days from 1 March 2024 to review the gatekeeper status. Companies will have six months to comply with the DMA if they are designated as gatekeepers.

Gen Temizer
08.04.2024

Two-minute Recap of Recent Developments in Turkish Competition Law - February 2024

Meta is currently under investigation for possible anti-competitive conduct through tying Instagram with Threads. In relation to this on-going investigation, the Board announced that it had taken interim measures to stop Meta from combining the data obtained from Instagram and Threads.

Gen Temizer
25.03.2024

Two-minute Recap of Competition Law Matters Around the Globe – February 2024

Pfizer has reached a USD 93 million settlement with drug purchasers who accused Pfizer of paying Ranbaxy to delay a generic version of the cholesterol drug Lipitor and therefore illegally extending its patent rights over Lipitor.

Gen Temizer
22.03.2024

Two-minute Recap of Recent Developments in Turkish Competition Law - January 2024

On 10 January 2024, the Turkish Competition Authority (“TCA”) announced that US tech conglomerate Meta failed to fulfil the compliance measures attached to its previous abuse of dominance decision.[1] As a result, the Board decided to impose a daily administrative monetary fine on Meta amounting to approximately EUR 146,000. The fine applies retroactively from 12 December 2023 and will be assessed daily until Meta provides a final compliance remedy that the TCA deems sufficient to restore effective competition in the market.

Gen Temizer
21.02.2024

Two-minute Recap of Competition Law Matters Around the Globe – January 2024

Amazon has abandoned its planned USD 1.4 billion purchase of robot vacuum cleaner manufacturer iRobot following the European Commission’s (“EC”) report not to allow the deal to go through. The EC launched a phase II probe into the deal in July 2023 on the basis that the proposed merger could potentially hinder iRobot’s competitors from selling their own products on Amazon’s online marketplace. Amazon declined to offer remedies for the concerns raised by the EC.

Gen Temizer
12.02.2024

New Regulation on Active Cooperation/Leniency Enters Into Force in Turkey

A new Regulation on Active Cooperation for Detecting Cartels (“Regulation”) in Turkey entered into force on 16 December 2023. The Turkish Competition Authority (“TCA”) also held a helpful webinar on the topic, highlighting the differences between the old and new regulation.

Gen Temizer
16.01.2024

Meta to Pay a Daily Fine for Non-compliance in Turkey

On 10 January 2024, the Turkish Competition Authority (“TCA”) announced that Meta failed to fulfil the compliance measures attached to its previous abuse of dominance decision.[1] As a result, the Turkish Competition Board (“Board”) decided to impose a daily administrative monetary fine on Meta amounting to approximately to EUR 146,000.

Gen Temizer
12.01.2024

Two-minute Recap of Recent Developments in Turkish Competition Law - December 2023

On 20 December 2023, the Turkish Competition Authority (“TCA”) held the “Workshop for the Preliminary Review of the Online Advertising Sector”, which was initiated in April. The workshop focused on behavioural and structural competition problems in the advertising sector and aimed to provide a platform for discussion prior to the conclusion of the sector report.

Gen Temizer
08.01.2024

Two-minute Recap of Competition Law Matters Around the Globe – December 2023

The EU’s General Court (“GC”) blocked the attempts of eleven German energy suppliers to annul the EUR 43 billion asset swap deal between RWE and E.ON. Earlier, RWE acquired E.ON's renewable and nuclear assets, while E.ON's acquisition of parts of RWE’s subsidiary innogy received conditional approval after proposing divestments in Hungary, the Czech Republic, and Germany.

Gen Temizer
08.01.2024

Two-minute Recap of Recent Developments in Turkish Competition Law - November 2023

On 14 November 2023, the Turkish Competition Authority announced its decision regarding undertakings operating in the cosmetics and personal care products sector. The Board separately examined the undertakings’ RPM activities, internet sales restrictions and their participation in the hub-and-spoke agreements.

Gen Temizer
11.12.2023

Two-minute Recap of Competition Law Matters Around the Globe – November 2023

The European Court of Justice (“ECJ”) upheld the European Commission's (“EC”) sanction against Altice for violating both EU standstill rules and failing to notify its acquisition of PT Portugal, a telecommunications and multimedia operator. The ECJ questioned identical penalty amounts for varying breach durations but affirmed that the notification and suspension of the closing requirements are indeed separate obligations.

Gen Temizer
07.12.2023

Two-minute Recap of Recent Developments in Turkish Competition Law - October 2023

On 4 October 2023, the Turkish Competition Authority published its reasoned decision on 15 undertakings active as suppliers/manufacturers in the fast-moving consumer goods sector.[1] The case concerned whether these retailers were engaged in resale price maintenance and/or acted as a “hub” for retailers to communicate future prices.

Gen Temizer
16.11.2023

Two-minute Recap of Competition Law Matters Around the Globe – October 2023

The Federal Cartel Office of Germany has secured data commitments from Alphabet, Google's parent company, allowing users of services with over one million monthly users, such as Gmail and Google News, to control how their data is utilised.

Gen Temizer
06.11.2023

Acquisition of Pharma Companies: Do you need to secure the Turkish Competition Board’s Approval?

Acquisitions involving technology undertakings have been on the radar of the Turkish Competition Authority following changes in 2022 to merger control rules in Turkey. Indeed, with the change in the legislation, the acquisition of technology undertakings is subject to a simplified turnover threshold.

Gen Temizer
19.10.2023

Two-minute Recap of Competition Law Matters Around the Globe – September 2023

The European Commission (“Commission”) has designated Alphabet, Amazon, Apple, ByteDance, Meta and Microsoft as gatekeepers for the first time under the Digital Markets Act (“DMA”). As such, they must ensure full compliance with the DMA within the next six months.

Gen Temizer
05.10.2023

Two-minute Recap of Recent Developments in Turkish Competition Law - August 2023

In August 2023, the Turkish Competition Board (“Board”) approved 19 merger and acquisition transactions. During August the Board initiated 14 new, full-fledged investigations, concluded eight on-going investigations, and held oral defences for six investigations. Also in August, the Turkish Competition Authority (“Authority”) published its 24th annual report regarding its activities in 2022.

Gen Temizer
17.09.2023

Two-minute Recap of Competition Law Matters Around the Globe – August 2023

The European Commission has initiated investigations into two proposed acquisitions under Article 22 of the EC Merger Regulation. Microsoft has also agreed to unbundle its Teams product from Office 365 in the EEA and Switzerland. The UK's competition watchdog, the CMA, has published its final guidelines on horizontal agreements. Ukraine has adopted comprehensive competition law revision for post-war era.

Gen Temizer
08.09.2023

Turkey’s Competition Board Sets the Rules for Online Sales Restrictions

Turkey’s Competition Board rendered two significant decisions last year concerning online sales restrictions that provide a view forward for many undertakings. In its decisions, the Board scrutinised the commitment packages offered by BSH and Arçelik, two of the major small and large household appliances manufacturers in Turkey. The investigations against the companies (the “Investigations”) concerned whether Arçelik and/or BSH violated Article 4 of Law No. 4054 on the Protection of Competition (“Law No. 4054”) by preventing their authorised resellers from selling online and/or interfering with resellers’ resale prices. The Board accepted the commitment packages, which Arçelik and BSH revised after an initial review of the Board, and thus closed the Investigations with respect to the online sales restrictions contemplated by Arçelik and/or BSH.

Gen Temizer
06.09.2023

EssilorLuxottica's Never Ending Antitrust Saga: Is it the end or an encore?

The Turkish Competition Board has fined EssiLux EUR 16.9 million for violating the commitments it made as part of its 2018 merger with Luxottica. The Board found that EssiLux had engaged in tying and exclusivity practices, which could have significantly lessened effective competition in the market. The Board's decision is a major setback for EssiLux, and it raises questions about the efficacy of commitments made as part of merger control approvals.

Gen Temizer
04.09.2023

Two-minute Recap of Competition Law Matters Around the Globe - July 2023

The UK's Competition and Markets Authority ("CMA") is considering accepting the commitments provided by Amazon to allay concerns regarding its treatment of third parties on its Amazon Marketplace platform, which enables third-party sellers to sell their products alongside Amazon’s products. The CMA launched an investigation into Amazon's potential abuse of its dominant position in the online retail market in July 2022. The investigation is focused on allegations that Amazon gives preferential treatment to its own retail business over third-party sellers on its platform and those who use its delivery services instead of rival logistics companies. Amazon has offered several commitments to address concerns that this behaviour gives it an unfair advantage in the market. Accordingly, Amazon (i) will not use rival sellers’ data in Amazon Marketplace, which would confer it an unfair advantage over other sellers; (ii) ensure that Amazon treats all product offers equally when determining which offers will be featured in the “Buy Box”1 ; and (iii) enable thirdparty companies that use the Amazon Marketplace to negotiate their rates directly with independent providers of Prime delivery services.

Gen Temizer
10.08.2023

Two-minute Recap of Recent Developments in Turkish Competition Law – July 2023

In July 2023, the Turkish Competition Board approved Microsoft's acquisition of Activision Blizzard and concluded investigations. No-poaching agreements resulted in fines for 16 companies totaling EUR 14.5 million. E-commerce platform Trendyol faced a EUR 5.9 million fine for self-preferencing and implementing measures for fair competition. The Board clarified proof standards in a RPM case, finding no ground for penalties. An individual exemption was granted for QNB Finansbank's customer-restricted POS services due to addressing dissatisfaction and risks.

Gen Temizer
09.08.2023

Two-minute Recap of Competition Law Matters Around the Globe – June 2023

European Court of Justice rules that Super Bock's attempt to fix minimum resale prices does not automatically constitute a competition restriction. Google faces accusations from the European Commission of distorting the adtech industry and might be required to divest some services. Germany's Bundeskartellamt orders Deutsche Bahn to grant access to its traffic data. India's Supreme Court confirms that state-owned enterprises are not exempt from antitrust laws. Meta allows users to choose whether to combine their data after concerns about potential abuse of dominant position. China's antitrust regulator fines pharmaceutical companies for price-fixing. Microsoft's acquisition of Activision Blizzard faces a restraining order in the largest gaming merger. The European Commission introduces new rules exempting sustainability agreements from antitrust rules.

Gen Temizer
10.07.2023

Two-minute Recap of Recent Developments in Turkish Competition Law – June 2023

In June 2023, the Turkish Competition Board approved several merger and acquisition transactions. The Constitutional Court ruled that the Board's onsite inspection authority without a judicial decision is unconstitutional, except in non-delayable cases. The Board initiated a full-fledged investigation against Google for tying and self-preferencing practices. The oral defence stage for the wide-reaching no-poaching investigation will be held in July. The Authority announced the oral defence dates for investigations involving various undertakings, including well-known companies. These developments have significant implications for Turkish competition law.

Gen Temizer
08.07.2023

Two-minute Recap of Recent Developments in Turkish Competition Law – May 2023

In May 2023, the Turkish Competition Board approved 19 merger and acquisition transactions and settled an investigation into the household appliances industry. Korkmaz, Gençler, and Punto faced fines for maintaining resale prices and customer restrictions. Arçelik, a multinational household appliances manufacturer, offered commitments to address allegations of online sales restrictions and resale price maintenance. The Board accepted Arçelik's commitments, which focus on enhancing consumer experience, data sharing, and quality of the distribution system. The Board fined the Chamber of Electrical Engineers for hindering on-site inspections and clarified its status as an undertaking.

Gen Temizer
13.06.2023

Two-minute Recap of Competition Law Matters Around the Globe – May 2023

Microsoft's acquisition of Activision Blizzard has been approved by the European Commission, while the UK's Competition and Markets Authority blocked the deal. The European Commission found that Microsoft's commitments addressed concerns and granted free licenses for consumers and service providers in the EEA to stream Activision Blizzard games. In Germany, the Bundeskartellamt discussed remedies for Google's online advertising business, including divesting its Chrome search engine and giving third parties access to datasets. Peru's consumer protection authority fined construction companies for a no-poach agreement, and the European Commission cleared MOL's acquisition of OMV's Slovenian subsidiary with divestments. The EU Court ordered Meta to comply with the Commission's information requests, and Sony is under investigation in Romania for alleged exclusivity practices in the PlayStation Store.

Gen Temizer
06.06.2023

Derneklerin Topladığı Pazar Verileri Rekabeti Kısıtlar mı?

Teşebbüsler arasındaki bilgi değişimi, rekabet hukukunda önemli bir konudur. Bilgi paylaşımı, rekabeti bozabileceği gibi bazı durumlarda rekabeti artırıcı etkilere de sahip olabilir. Rekabet Kurulu, bilgi değişiminin rekabet kurallarından muaf tutulduğu pek çok karara sahiptir. Son dönemde Kurul, sektörel dernekler tarafından yapılan bazı muafiyet başvurularını reddetmiştir. Kurul, pazar araştırmaları ve bilgi değişimine daha katı bir tutum sergilemektedir. Kurul, teşebbüs birliklerinin pazar araştırmalarına yönelik uygulamalarını incelemektedir. Kurul, bazı başvuruları reddederken, bazı başvurulara da bireysel muafiyet tanımaktadır. Kararlarda verilerin toplulaştırılması ve eskitilmesi önemli bir rol oynamaktadır. Bu kararlar, Kurul'un bilgi değişimi konusundaki hassasiyetini ortaya koymaktadır.

Gen Temizer
29.05.2023

Two-minute recap of Recent Developments in Turkish Competition Law – April 2023

In April 2023, the Turkish Competition Board made several decisions related to competition law, particularly in digital industries. The Board published two analyses related to online advertising and digitalization and launched a sector inquiry into mobile ecosystems. The Authority's preliminary sector enquiry report noted concerns about data privacy and the impact of practices involving self-preferencing and data aggregation on the online advertising industry's competitiveness. The Board analyzed the online sales restrictions for the household appliances distributor BSH and approved criteria for resellers, such as offering the same delivery types and protecting the brand image, while also allowing resellers to operate brick-and-mortar stores.

Gen Temizer
08.05.2023

Two-minute Recap of Competition Law Matters Around the Globe – April 2023

Microsoft's $68.7 billion acquisition of Activision Blizzard has been blocked by the UK's Competition and Markets Authority (CMA) due to concerns over market power. Microsoft already owns Xbox, Windows, Azure, and Xbox Cloud Gaming, which account for an estimated 60%–70% of global cloud gaming services. The CMA found Microsoft's proposed remedies inadequate, stating that "there are significant risks of disagreement and conflict between Microsoft and cloud gaming service providers." Lukoil has been fined again by Bulgaria's Commission for the Protection of Competition for abusing its dominant position, while the CMA in the UK is investigating sports broadcasters for allegedly fixing the pay for freelance workers.

Gen Temizer
06.05.2023

Turkey’s Competition Authority Initiated a Sector Inquiry into Mobile Ecosystems

On 12 April 2023, the Turkish Competition Authority announced that it initiated a sector inquiry into mobile ecosystems.

Gen Temizer
15.04.2023

Turkey’s Competition Authority’s Preliminary Report on Online Advertising Sector Inquiry

On 7 April 2023, the Turkish Competition Authority published its Preliminary Report prepared within the scope of the “Online Advertising Sector Inquiry” that it initiated on 21 January 2021.

Gen Temizer
14.04.2023

Two-minute Recap of Recent Developments in Turkish Competition Law – March 2023

In March 2023, the Turkish Competition Board published no reasoned decisions and approved twelve merger and acquisition transactions. The highlight of Turkish competition law in March was that the Board initiated a new sector inquiry regarding the possible competition effects on cities affected by the devastating earthquake that occurred in February.

Gen Temizer
07.04.2023

Two-minute Recap of Competition Law Matters Around the Globe – March 2023

In July 2021, the Paris Court of Appeal asked the ECJ for clarification on whether national competition authorities are only entitled to review transactions under EU and national merger control rules, or if they can also apply an abuse of dominance assessment and block transactions retrospectively.

Gen Temizer
05.04.2023

How Does Turkey’s Competition Board Interpret Anti-competitive Information Exchange? An Analysis of Its Recent Car Rental Decision

In a preliminary investigation involving 12 undertakings operating in the car rental sector, the Turkish Competition Board scrutinised allegations that the car rental undertakings violated Article 4 of Law No. 4054 on the Protection of Competition by exchanging information pertaining to stocks, competitors’ price offers and market shares, and vehicle purchase data.

Gen Temizer
24.03.2023

Rekabet Kurulu Elon Musk’a Hukuki Yükümlülüklerini Hatırlattı

Hatırlarsınız Elon Musk, 2022 yılında Twitter'ı satın almak için yaptığı teklifle, her zaman olduğu gibi, bir kez daha dünya çapında haber olmuştu. Aylar süren görüşmelerin ve yüzlerce haber ve eleştirinin ardından, Ekim 2022'nin sonlarında da 44 milyar ABD doları karşılığında Twitter’ı satın aldı.

Gen Temizer
10.03.2023

Elon Musk Reminded of Competition Rules by the Turkish Competition Board

Elon Musk made news globally when he made an offer to buy the social networking platform Twitter in 2022. After months of back and forth and an overwhelming amount of news and critical analysis, Musk’s acquisition of Twitter was completed in late October 2022 for a reported USD 44 billion.

Gen Temizer
10.03.2023

Two-Minute Recap of Recent Developments in Turkish Competition Law – January & February 2023

During January and February, the Turkish Competition Board published eighty-one reasoned decisions and approved seventeen merger and acquisition transactions in total.

Gen Temizer
09.03.2023

Two-minute Recap of Competition Law Matters Around the Globe – February 2023

In 2018, the European Commission fined French telecoms operator Altice a sum of EUR 124.5 million for breaching the notification and standstill requirements in its acquisition of PT Portugal.

Gen Temizer
08.03.2023

Two-minute Recap of Competition Law Matters Around the Globe – January 2023

Germany’s Bundeskartellamt has opened an investigation to decide whether PayPal has taken advantage of its dominant position by using most-favored-nation clauses that limit competition in the online payments market.

Gen Temizer
07.03.2023

ECJ’s view on attorney-client privilege: When will professional secrecy apply? What is the view from Turkey?

The European Court of Justice (ECJ) recently shifted its view on attorney-client privilege, now basing it on the principle of protection of private life rather than the right to defense. This expansion of legal professional privilege may have significant implications for competition authorities, including Turkey's Competition Board. To benefit from attorney-client privilege, the ECJ and Turkish Competition Board require correspondence to be between an independent lawyer and client, directly related to the exercise of the right to defense. The impact of the ECJ's decision on local competition authorities remains uncertain.

Gen Temizer
09.01.2023

Two-minute Recap of Recent Developments in Turkish Competition Law – December 2022

In December 2022, the Turkish Competition Board approved 18 M&A transactions, initiated a new investigation, and concluded three existing investigations in the FMCG sector. The Board fined FMCG companies, including Coca-Cola and Frito-Lay, EUR 44.3 million for a hub-and-spoke cartel. The Turkish distributor of German household appliances company Schaefer settled resale price maintenance charges with a EUR 150,000 fine. The Board granted unconditional approval for the Saint-Gobain and Dalsan merger. Martı, a Turkish e-scooter company, faced fines for providing false/misleading information but avoided gun-jumping penalties.

Gen Temizer
05.01.2023

Two-minute Recap of Competition Law Matters Around the Globe – December 2022

EU Advocate General Athanasios Rantos' opinion supports UEFA and FIFA in the European Super League case, stating their rules and sanctions do not violate EU competition law. Israel's Competition Authority fines MBI Pharma EUR 2.2 million for excessive pricing of a genetic disorder treatment drug. The European Commission accepts Amazon's revised commitments, closing investigations without fines. Japan investigates nine companies for alleged bid rigging in the 2020 Tokyo Olympics. Egypt prepares to adopt an ex-ante merger control regime requiring prior approval from the local competition authority.

Gen Temizer
05.01.2023

Another hub-and-spoke cartel decision by Turkey’s Competition Board

Turkey's Competition Authority has investigated the largest supermarket chains in Turkey and some of their common suppliers, including Coca-Cola, Pepsi Cola, and Red Bull for engaging in a hub-and-spoke cartel arrangement. Although the supermarkets were found to have infringed competition laws, no fines were imposed due to the principle of non bis in idem, as they had already been sanctioned in 2021 for similar violations. The Board also found resale price maintenance practices in the FMCG sector and imposed administrative monetary fines on some of the suppliers.

Gen Temizer
27.12.2022

Gen & Temizer | Özer Promotes Bulut Girgin to Partner in Recognition of his Expertise in Competition Law and Compliance

Bulut Girgin has been promoted from Counsel to Partner at Gen & Temizer | Özer, an Istanbul-based full-service corporate law firm, recognized in all major global rankings, including Chambers and Partners, Legal 500, and IFLR 1000. With over 15 years...

05.07.2023

Gen Temizer Özer Strengthens its Team with the Appointment of Ömer Erdoğan as Partner

Gen & Temizer I Özer is delighted to announce that Ömer Erdoğan has joined the Firm as Partner. His joining reinforces the Firm’s capabilities particularly their expertise in the real estate, infrastructure and energy sectors as well as project finance.Ömer has 18 years of exper...

05.05.2023

Webinar | KVKK'da Değişiklik: Yurtdışına Aktarımda Yeni Dönem

Tarih08.08.2024 I Perşembe Saat14.00 Türkiye'de Kişisel Verilerin Korunması Kanunu (KVKK) ile ilgili son değişiklikleri ve yurtdışına veri aktarımında yaşanacak yeni dönemi detaylı bir şekilde ele alacağız.Konuşmacılar▣ Doç. Dr. Elif Küzeci, Bahçeşehir Üniver...

05.08.2024

Competition Associate

We are hiring!We are looking for an associate with 1-3 years of post-graduate experience to be in our competition law & compliance team. In this role, you will offer your support to our team to provide competition law assistance to both domestic and international clients in various sectors.Main resp...

24.04.2024

2024 Summer Internship Programme

Our Summer Internship Programme provides training opportunities for third-year law school students.The application process will begin on 1st February 2024, and the deadline for summer internship applications is 31 March 2024.If you are interested, please submit your resume to [email protected]...

01.02.2024

Legal Internship Programme 2024-25

Legal Trainee selection process will commence on 2nd January 2024, and the deadline for applications is 31st January 2024.We are looking for team players with a passion for excellence.Here are our selection criteriaStrong communication skillsFull professional proficiency in EnglishPro-active attitud...

03.01.2024
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