Recent Keynotes of August 2017

International Agreements

• The Resolution of the Council of Ministers dated 29.05.2017 and numbered 2017/10426 on the Ratification of the Amendments Brought to the Energy Charter Treaty Regarding the Provisions of Trade was published in the Official Gazette dated 01.08.2017 and numbered 30141 (bis).
• The Resolution of the Council of Ministers dated 03.07.2017 and numbered 2017/10555 on the Ratification of the Free Trade Agreement Between the Republic of Turkey and the Republic of Singapore was published in the Official Gazette dated 15.08.2017 and numbered 30155 (bis).

Legislation

• The Communiqué on the Implementation of Supervision in Imports (No: 2017/11) entered into force through publication in the Official Gazette dated 26.07.2017 and numbered 30135.
• The General Communiqué on the Motor Vehicle Tax (Serial No: 48) entered into force through publication in the Official Gazette dated 27.07.2017 and numbered 30136.
• The Regulation on the Amendment to the Customs Regulation entered into force as of 15.08.2017 for Article 1, as of 01.11.2017 for Article 6, as of 01.01.2018 for Articles 21 and 28, and through publication in the Official Gazette dated 01.08.2017 and numbered 30141 for the remaining articles.
• The General Communiqué on the Customs (Transit Procedure) (Serial No: 4) entered into force through publication in the Official Gazette dated 01.08.2017 and numbered 30141.
• The General Communiqué on the Customs (Transit Procedure) (Serial No: 5) entered into force through publication in the Official Gazette dated 01.08.2017 and numbered 30141.
• The Communiqué on the Prevention of Unfair Competition in Imports (No: 2017/20) entered into force through publication in the Official Gazette dated 04.08.2017 and numbered 30144.
• The Law on the Amendment to some Laws on the Purpose of Resolving the Problems with the Operation of the Regional Courts and the Regional Administrative Courts entered into force through publication in the Official Gazette dated 05.08.2017 and numbered 30145 (bis).
• The Communiqué on the Electronic Commerce Information System and Notification Obligations entered into force through publication in the Official Gazette dated 11.08.2017 and numbered 30151.
• The Regulation on the Amendment to the Regulation on the Calculation of Liquidity Coverage Ratio of Banks was published in the Official Gazette dated 15.08.2017 and numbered 30155. This Regulation entered into force on 01.04.2017.

Competition Board Decisions

• The Competition Board (“Board”) found that the “Exclusive Tender Storage Agreement” executed between Abdi İbrahim İlaç Sanayi ve Ticaret A.Ş. and Aksel Ecza Deposu Tic. A.Ş. is within the scope of the group exemption for the products within the limit of 40% of the market share under Article 2/2 of the Communiqué numbered 2002/2, and granted individual exemption to the agreement for the products that are not within the scope of Communiqué numbered 2002/2 because of the transgression of the threshold. (19.04.2017, 17-23/372-163)
• The Board decided that the privatization of Yenice Hydroelectric Power Plant that is owned by Elektrik Üretim A.Ş. and the immovable properties utilized by this Power Plant through the “grant of operating rights” is not subject to authorization. (09.08.2017, 17-26/391-171)
• The Board granted individual exemption to the membership agreement prepared for fulfilment of subsidiary obligations within the scope of the Regulation of Control of Waste Electrical and Electronic Equipment through the Informatics Industry Association Commercial Enterprise. (09.08.2017, 17-26/394-173)
• The Board granted individual exemption to the BKM TechPOS project of Bankalararası Kart Merkezi A.Ş. and the new model that includes some new amendments to this project, and decided that the exemption is valid for a foreseen 2-year period transitional process for the existing model, and which is valid for 2 years for the new model. (09.08.2017, 17-26/405-182)

Mergers and Acquisitions

• The Board authorized the acquisition of the sole control of Göksu Gayrimenkul Yatırım İnşaat Turizm San. ve Tic. A.Ş., where Rönesans Gayrimenkul Yatırım A.Ş. is a shareholder by Rönesans Gayrimenkul Yatırım A.Ş. (19.07.2017, 17-23/375-165)
• The Board decided that the acquisition of a certain number of shares of Icons and Styles Turizm A.Ş. by Antur Turizm A.Ş., which is under control of the Doğuş Group and Gestin Turizm Yatırım İşletmeleri İnşaat ve Ticaret A.Ş., which is under the joint control of the Doğuş Group and Gökşin ILICALI is not subject to authorization. (19.07.2017, 17-23/377-BD)
• The Board authorized the acquisition of Haramidere Fuel Storage Filling Terminal, which is owned by Petrol Ofisi A.Ş. by Haramidere Depoculuk A.Ş. (09.08.2017, 17-26/389-169)
• The Board authorized the acquisition of Deniz Elektrik Üretim Ltd. Şti. and Kapıdağ Rüzgar Enerjisi Elektrik Üretim Sanayi ve Tic. A.Ş. by Fernas İnşaat A.Ş. (09.08.2017, 17-26/390-170)
• The Board authorized the acquisition of the sole control of Orpak Systems Ltd. by Fortive Corporation. (09.08.2017, 17-26/393-172)
• The Board authorized the acquisition of the shares of Özata Kimyevi Maddeler Gıda ve Ambalaj Sanayi ve Ticaret A.Ş. held by Teknik Plastik Greiner Ambalaj Sanayi ve Ticaret A.Ş. by Greiner Packaging International GmbH. (09.08.2017, 17-26/398-177)
• The Board authorized the acquisition of the sole control of Kükre Gıda ve İhtiyaç Maddeleri Nakliyat ve Özel Eğitim Hizmetleri Tic. ve San. A.Ş. by Ajinomoto Co. Inc. (09.08.2017, 17-26/399-178)
• The Board authorized the acquisition of a certain number of shares of Deutsche Bank AG held by DD Finansman A.Ş. by Doğan Şirketler Grubu Holding A.Ş. (09.08.2017, 17-26/403-180)
• The Board authorized the acquisition of the sole control of MNG Kargo Yurtiçi ve Yurtdışı Taşımacılık A.Ş. by Mirage Cargo B.V. (09.08.2017, 17-26/404-181)
• The Board authorized the acquisition of the sole control of Sapa AS by Norsk Hydro ASA. (09.08.2017, 17-26/413-185)
• The Board authorized the acquisition of the sole control of GTA Travel Holding Ltd, Kuoni Holdings Plc and its subsidiaries by Fifth Cinven Fund and Canada Pension Plan Investment Board, which is managed by Cinven Capital Management (V) General Partner Limited. (09.08.2017, 17-26/414-186)
• The Board decided that the acquisition of a certain number of shares of Alenka Enerji Üretim ve Yatırım A.Ş by Borusan EnBW Enerji Yatırımları ve Üretim A.Ş. and Borusan Danışmanlık ve Ortak Hizmetler A.Ş. is not subject to authorization. (09.08.2017, 17-26/422-BD)
• The Board decided that the acquisition of some activities of PwC Danışmanlık Hizmetleri A.Ş. by PwC Yönetim Danışmanlığı A.Ş., and the acquisition of a certain number of shares of PwC Danışmanlık Hizmetleri A.Ş and a certain number of shares of PwC Yönetim Danışmanlığı A.Ş. by PwC Europe TR Holding GmbH Danışmanlığı A.Ş. is not subject to authorization. (09.08.2017, 17-26/423-BD)
• The Board decided that the acquisition of pasta manufacturing facilities in the Hendek province in the city of Sakarya, which is owned by Nissin Yıldız Gıda San. ve Tic. A.Ş. and Önem Gıda San. ve Tic. A.Ş. by Oba Makarnacılık San. ve Tic. A.Ş., is not subject to authorization. (09.08.2017, 17-26/424-BD)
• The Board decided that the acquisition of the consumer loan portfolio and customer database held by Bankpozitif Kredi ve Kalkınma Bankası A.Ş. by Burgan Bank A.Ş. via Final Varlık Yönetim A.Ş. is not subject to authorization. (09.08.2017, 17-26/425-BD)
• The Board decided that the acquisition of a certain number of shares of Bultur Turizm ve Ticaret A.Ş. by Bartu Turizm Yatırımları A.Ş. is not within the scope. (09.08.2017, 17-26/426-BD)

Energy

• The Energy Market Regulatory Authority (“EMRA”) published the Petroleum Market Sector Report of May, 2017, the Natural Gas Market Sector Report of May, 2017, the Electricity Market Sector Report of May, 2017, and the Liquidated Petroleum Gas (“LPG”) Market Sector Report of May, 2017, on 31.07.2017.
• The EMRA Decision dated 27.07.217 and numbered 7203 on the Amendment to the Principles and Procedures of Basic Usage of Boru Hatları İle Petrol Taşıma Anonim Şirketi (BOTAŞ) Silivri Underground Natural Gas Storage Facility (KUE) entered into force through publication in the Official Gazette dated 08.2017 and numbered 30141.
• The EMRA published the Draft Regulation on the Amendment to the Liquidated Petroleum Gas (LPG) Market License Regulation on 07.08.2017.
• The EMRA Decision dated 10.08.2017 and numbered 7231 on the Amendment to the Principles Regarding BOTAŞ Transmission Network Operation Regulations (ŞİD) entered into force through publication in the Official Gazette dated 15.08.2017 and numbered