Contributors Gen & Temizer | Özer

Gen & Temizer | Özer
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  • Address: Levent Mah. Ebulula Mardin Cad. No: 55, 34330 Beşiktaş, İstanbul
  • Email: [email protected]
  • Phone: +90 (212) 260 34 00
  • Website: www.gentemizerozer.com
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The Firm provides legal services relevant to all aspects of business in a wide variety of sectors. The Firm operates to the highest international standards in managing cross border transactions or investments and providing practical and creative solutions to legal or regulatory issues. We were founded in 2011 and our founding partners together have more than 30 years of experience in leading global law firms.

The Firm is proud to have an exceptional client base consisting some of the largest Turkish conglomerates, sector leaders in Turkey, multi-nationals, investment or private equity funds and financial institutions.

The Firm is recognised in all major global rankings including Chambers and Partners, Legal500 and IFLR1000.


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Competition Law & Compliance

Awards

Competition Law & Compliance
Data Privacy Law, Competition Law and Compliance
Competition & State Aid, Compliance͵ Risk & Sensitive Investigations, Data & Cybersecurity, IT & IP

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 | Özer
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 | Özer
08.04.2024

Avrupa Komisyonundan Apple'a Tarihi Ceza

Avrupa Komisyonu (“Komisyon”), 4 Mart 2024’te Apple’a, uygulama mağazası Apple App Store (“App Store”) aracılığıyla iPhone ve iPad kullanıcılarına (“iOS Kullanıcıları”) müzik dinleme uygulamalarının dağıtımı pazarındaki hâkim durumunu kötüye kullandığı gerekçesiyle 1,8 milyar Euro para cezası (yaklaşık 61 milyar TL) verdi.

Gen & Temizer | Özer
27.03.2024

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 | Özer
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 | Özer
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 | Özer
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 | Özer
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 | Özer
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 | Özer
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 | Özer
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 | Özer
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 | Özer
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 | Özer
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 | Özer
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 | Özer
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 | Özer
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 | Özer
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 | Özer
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 | Özer
08.09.2023

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 | Özer
04.09.2023

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

Turkey’s Competition Board (the "Board") rendered two significant decisions1 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 | Özer
06.09.2023

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 | Özer
05.01.2023

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 | Özer
05.01.2023

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 | Özer
09.01.2023

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 | Özer
07.03.2023

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 | Özer
05.04.2023

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 | Özer
08.03.2023

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 | Özer
09.03.2023

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 | Özer
10.03.2023

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 | Özer
24.03.2023

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 | Özer
07.04.2023

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 | Özer
14.04.2023

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 | Özer
06.05.2023

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 | Özer
08.05.2023

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 | Özer
29.05.2023

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 | Özer
06.06.2023

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 | Özer
13.06.2023

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 | Özer
08.07.2023

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 | Özer
10.07.2023

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 | Özer
09.08.2023

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 | Özer
10.08.2023

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 | Özer
10.03.2023

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 | Özer
27.12.2022

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 | Özer
15.04.2023
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