LEGAL INSIGHTS QUARTERLY

December 2023 – February 2024

Corporate Law

Turkiye: Partial Demerger (Spin-Off)

Banking and Finance Law

Monitoring Transactions Affecting Foreign Exchange Position of Companies

Capital Markets Law

How Inside Information is Handled under Turkish Capital Markets Law

Competition Law / Antitrust Law

Turkish Competition Board’s Meta Decision: EU DMA’s Data Combination Bans against Gatekeepers are Already Up and Running in Turkiye with a Plot Twist on User Consent

The Board Takes a Closer Look into the Aroma Chemicals, Perfume and Seasoning Markets through its Latest Decision Concerning the Merger Between Koninklijke DSM N.V. and Firmenich International SA

Turkish Competition Board’s Recent Approach to Resale Price Maintenance Conducts in Light of its BSH and Anavarza Decisions

The Turkish Competition Board Reinforces Its Approach on the Treatment of Transactions That Do Not Qualify as Concentrations Due to Shifting Alliances

New Interim Measures on the Online Betting Market: Turkish Competition Board Imposes Interim Measures on Maçkolik following the Interim Measures on Nesine.

Official Statement from the Turkish Competition Authority’s President on the Authority`s Recent Activities

The Turkish Competition Authority’s Announcement on the Protocol Signed with the Turkish Data Protection AuthorityNew Regulation to Address Foreign Subsidies Distorting the EU’s Internal Market

Employment Law

The High Court of Appeal Has Rejected the Request of a Subcontractor Employee Regarding Wage Change After their Transfer to Permanent Staff Position

Data Protection Law

Efforts Regarding the Harmonization of Personal Data Protection Law with the EU acquis, in Particular with the EU General Data Protection Regulation

Internet Law

Significant Changes in “.tr” Domain Name Management

The Constitutional Court’s Decision on Access Ban Procedure under Article 8/A of Law No. 5651

Telecommunications Law

ICTA’s New Principles and Procedures: Confirmation Obligation for Internet/TV and Fixed Phone Services

White Collar Irregularities

Tackling Data Protection Issues that may Arise when Conducting Electronic Document Reviews

Litigation

The Constitutional Court rules that Depreciation of Receivables Awarded by a Court Violates the Right to Property

Intellectual Property Law

The High Court of Appeals General Assembly of Civil Chambers Ruled that the Use of a Registered Trademark within a Trade Name Constitutes Infringement Even Though the Phrase Subject to Trademark Is Not Used as a Component of the Business Being Carried Out