Limitations on Voting Rights of Shareholders
In principle, shareholders of limited liability companies (“LLC“) have the right to vote on the issues being discussed during the general assembly meetings and such right is indispensable. On the other hand, Turkish Commercial Code No.6102 (“TCC“) sets forth certain limitations on voting rights of the shareholders to prevent any impartiality, especially in cases where …
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Beyond any Doubt: Administrative Court Decisions Setting the Bar for the “Standard of Proof”
Beyond any Doubt: Administrative Court Decisions Setting the Bar for the “Standard of Proof” for Abuse of Dominance In 2019 and 2020, Turkish administrative courts handed down noteworthy judgments concerning two particular decisions of the Turkish Competition Board (“Board“). In both of these cases, namely the (i) Sahibinden Bilgi Teknolojileri Pazarlama ve Tic. A.Ş. (“Sahibinden“) …
Recent FCPA Cases Involving Turkey
The U.S. Foreign Corrupt Practices Act (“FCPA“) criminalizes the bribery of foreign officials anywhere in the world for the purposes of preventing corruptly influencing of an official governmental decision in order to obtain a business benefit.
Turkish DPA’s Announcement on Cross-Border Data Transfers
Turkish Data Protection Authority (“DPA”) published an announcement in October 26, 2020 regarding cross-border data transfers. The purpose of the announcement seems to be providing a general response and the Turkish DPA’s views to the criticism and feedback received from private sector and academic institutions regarding the difficulties in cross-border data transfers.
A Different Perspective to Employer`s Liability for Anti-competitive Behaviors
A Different Perspective to Employer`s Liability for Anti-competitive Behaviors: Arçelik’s Application for Leniency
Constitutional Court Decision on Inspection of Employees Correspondence on Corporate E-mail Accoun
Turkish Constitutional Court granted a decision (“Decision”) on September 17, 2020 regarding an applicant’s claims on violation of right to request protection of personal data under right to privacy and freedom of communication due to inspection of correspondences on corporate e-mail account and termination of employment contract on the grounds of these correspondences.
ICTA’s New Procedures and Principles on Social Network Providers
ICTA’s Procedures and Principles on Social Network Provider were published on the Official Gazette on October 2, 2020.
The Court of Justice of the European Union on Net Neutrality
The Court of Justice of the European Union on Net Neutrality: Interpretation of Article 3 of Regulation 2015/2120 as regards a Discriminatory Traffic Management Measures Decision The Court of Justice of the European Union in its recent decision with regard to the two joint cases (C‑807/18 and C‑39/19) brought before it for preliminary ruling, addressed …
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A New Era in Courts: e-Hearing
Recently, major amendments were introduced to Turkish legislation within the scope of the Turkish Judicial Reform. In this regard, the Law Amending the Civil Procedure Law and Certain Laws No. 7251 was published in the Turkish Official Gazette on July 28, 2020. Law No. 7251 brought along amendments that concern various laws and matters, including …
Publicly Traded Companies: New Amendments Introduced to the Communiqué on Shares (VII-128.1)
The Capital Markets Board of Turkey (“CMB“) has amended “Article 27 – Obligation to Issue Memorandum of Information as to the Shareholders of Publicly Traded Companies” of the Communiqué on Shares (VII-128.1) (“Communiqué“) and expanded the coverage of the article. The amendments came into effect with publication in the Official Gazette No. 31195, dated July 24, 2020. …