Privatization

Erdem & Erdem’s experience in privatization covers comprehensive advisory and representation for numerous foreign and local clients in all aspects of the privatization of state-owned entities, including the structure of the privatization, the statutory framework, and the regulatory regime that is applicable to the privatized entity, post-closing integration matters, such as permits, clearances and licenses. Our clients encompass refinery, port, airport, energy, healthcare services, real estate, consumer goods, natural resources and infrastructure and construction industries, as well as banks and financial institutions in Turkey, Western Europe and Southeast Asia. Our team has been engaged in privatizations, both on the government side, and on the side of the prospective foreign and local investors.

With experience over a wide range of sectors, we understand the unique issues that face governmental entities, and the sensitivities with respect to individual privatization projects. Our team is experienced in the negotiation of large-scale, complex investment contracts with a view to ensure that our clients avoid certain risks of privatization projects that may prevent them from reaching long-term benefits that include, through a loss of public revenue, resource depletion and environmental or safety hazards.

Our approach to privatization projects involves an integrated corporate and expert advisory model concerning strategy for, and execution of, planned asset transfers and regulatory matters. Our privatization team conducts due diligence, and advises potential investors on regulatory risks associated with a proposed transaction. Our team also coordinates the process throughout, including the selection of advisors, preparation and negotiation of tender documents, and specialized agreements (consultancy, development, operation), and the incorporation of special vehicle companies and corporate structures. We facilitate cooperative solutions that include regulatory approval and other issues that arise with the privatization process.

Erdem & Erdem has represented clients in all of the port privatizations in Turkey, and has developed a specialized and unique expertise in ports, port development, and maritime transport privatizations.

For further information about our experience in this area, please send an email to istanbul@erdem-erdem.av.tr