Recent Keynotes of December 2020

International Agreements

• The Resolution of the President dated 11.12.2020 and numbered 3300 on the Ratification of the Treaty Signed Through the Exchange of Letters between Turkey and European Commision Relating to the Amendment on Financial Agreement Regarding the 2016 Annual Action Program for Turkey was published in the Official Gazette dated 12.12.2020 and numbered 31332.

Resolutions of the President

• The Resolution of the President dated 24.11.2020 and numbered 3202 on the Annex Resolution on the Import Regime entered into force through publication in the Official Gazette dated 25.11.2020 and numbered 31315.
• The Resolution of the President dated 30.11.2020 and numbered 3238 on the Extension of the Duration of Short-Time Employment Allowance for Workplaces that Applied Short-Time Employment Due to a Compelling Reason within the Context of Force Majeure Caused by External Effects Due to the New Coronavirus (Covid-19) was published in the Official Gazette dated 01.12.2020 and numbered 31321.
• The Resolution of the President dated 16.12.2020 and numbered 3307 on the Amendment Regarding the Resolution on the State Aids in Investments entered into force through publication in the Official Gazette dated 17.12.2020 and numbered 31337.
• The Annex Resolution dated 16.12.2020 and numbered 3308 on the Import Regime entered into force through publication in the Official Gazette dated 17.12.2020 and numbered 31337.

Legislation

• The Communiqué (Decisions on the Tariff-Classification) (Serial No: 16) on the Amendment to the Customs General Communiqué (Serial No: 34) entered into force through publication in the Official Gazette dated 21.11.2020 and numbered 31311.
• The Decision regarding the Activities That May Be Pursued by İstanbul Takas ve Saklama Bankası A.Ş. in Addition to Payment and Security Settlement System Operation Activities entered into force through publication in the Official Gazette dated 25.11.2020 and numbered 31315.
• The General Communiqué of Law No. 7256 on Reconstruction of Certain Receivables entered into force through publication in the Official Gazette dated 27.11.2020 and numbered 31317.
• The Communiqué on the Reconstruction of Customs Claims within the Scope of the Law No. 7256 entered into force through publication in the Official Gazette dated 27.11.2020 and numbered 31317.
• The Communiqué (No: 2020/17) on the Amendment to the Communiqué on the Required Reserves (No: 2013/15) was published in the Official Gazette dated 27.11.2020 and numbered 31317.
• The Tax Procedure Law General Communiqué (Serial No: 521) entered into force through publication in the Official Gazette dated 28.11.2020 and numbered 31318.
• The Law on the Amendment to Certain Laws and Electricity Market Law No. 7257 was published in the Official Gazette dated 02.12.2020 and numbered 31322.
• The Regulation on Processing Personal Data and Protection Privacy in Electronic Communication Sector was published in the Official Gazette dated 04.12.2020 and numbered 31324.
• The Regulation on the Amendment to the Customs Regulation was published in the Official Gazette dated 10.12.2020 and numbered 31330.
• The Regulation on the Amendment to the Regulation on the Procurement of Support Services by Banks was published in the Official Gazette dated 11.12.2020 and numbered
• The Customs General Communiqué (Serial No: 169) entered into force through publication in the Official Gazette dated 17.12.2020 and numbered 31337.
• The Communiqué (No: 2021/1) on Increasing the Lower Limit of the Administrative Fine under the First Paragraph of the Article 16 of the Law No. 4054 on the Protection of Competition to be Valid until 31/12/2021 entered into force through publication in the Official Gazette dated 18.12.2020 and numbered 31338.
• The Regulation on Insurance and Private Retirement Activities within the Framework of Participation Principles entered into force through publication in the Official Gazette dated 19.12.2020 and numbered 31339.
• The Regulation on the Amendment Regarding the Regulation on Participation Insurance Working Procedures and Principles entered into force through publication in the Official Gazette dated 19.12.2020 and numbered 31339.
• The Communiqué on the Amendment to the Communiqué on Regulation of Retail Sales Tariff entered into force through publication in the Official Gazette dated 19.12.2020 and numbered 31339.

Competition Board Decisions

• The Competition Board (“Board”) decided that an individual exemption may be granted if non-compete obligation for a period of two years is stipulated regarding central purchasing in the brewing sector under non-absolute partial exclusivity arrangements planned to be introduced by Tum İÇTUR Rental and Management Operation Services Inc. regarding beer products distributed by Efes Pazarlama ve Dağıtım Ticaret A.Ş., non-carbonated / carbonated beverage products by Coca-Cola Satış ve Dağıtım A.Ş., and energy drinks by Redbull Gıda Dağıtım ve Pazarlama Tic. Ltd. Şti., and decided that non-compete clause for no more than five year for still drinks sector benefits from a block exemption within the scope of Block Exemption Communiqué No. 2002/2, and an individual exemption may be granted if non-competition obligations for two years is stipulated on purchases through tender offer regarding the sparkling beverages sector, and if non-competition obligation for a period of two years regarding energy drinks is stipulated. (20-51/701-310, 26.11.2020)
• The Board granted individual exemption to Non-Life Insurance Agency Agreement to be signed between Zurich Sigorta A.Ş. and Türk Ekonomi Bankası A.Ş. (20-52/735-326, 03.12.2020)
• The Board granted individual exemption to “Distributorship and Device Cooperation Agreement” and “Additional Agreement-3 Regarding the Amendment on Distributorship and Device Cooperation” signed between Turkcell İletişim Hizmetleri A.Ş. and Turkcell Satış ve Dağıtım Hizmetleri A.Ş. and KVK Teknoloji Ürünleri ve Tic. A.Ş. and Genpa Telekomünikasyon ve İletişim Hizmetleri San. ve Tic. A.Ş. (20-52/723-320, 03.12.2020)

Mergers and Acquisitions

• The Board decided that the acquisition of certain shares of Türk P ve I Sigorta A.Ş. owned by Halk Bankası A.Ş. by Türkiye Sigorta A.Ş. is not within the scope of the Article 7 of the Law No. 4054 and the Article 6 of the Communiqué on Mergers and Acquisitions Requiring Permission from the Competition Board which was issued based on the referred article since it does not result in change of control. (20-51/714-BD, 26.11.2020)
• The Board authorized the acquisition of the joint control of SelJel Jelatin Ürünleri Sanayi ve Ticaret A.Ş. by GELITA Internationale Gesellschaft Gelatine mbH, which is under the control of Tezman Grubu. (20-51/720-318, 26.11.2020)
• The Board authorized the acquisiton of the sole control of Ortadoğu Antalya Liman İşletmeleri A.Ş by QTerminals W.L.L. (20-51/708-316, 26.11.2020)
• The Board authorized the acquisiton of the sole control of Unico Logistics Co., Ltd. by DP World FZE. (20-51/707-315, 26.11.2020)
• The Board authorized the merger of Mitsubishi UFJ Lease & Finance Company Limited and Hitachi Capital Corporation in order to integrate all business lines (20-51/706-314, 26.11.2020)
• The Board authorized the acquisition of the sole control of Trend Ödeme Kuruluşu A.Ş. by TPAY Mobile FZ LLC. (20-51/705-313, 26.11.2020)
• The Board authorized the indirect acquisition of certain shares of Venator Materials Plc. by investment funds managed by SK Capital Investment V, Ltd through SK Praetorian Holdings, LP from Huntsman International LLC. (20-51/703-311, 26.11.2020)
• The Board authorized the acquisition of the joint control of Pioneer UK Midco 1 Limited by Kohlberg &Co., L.L.C., Mubadala Investment Company PJSC and Partners Group AG. (20-51/700-309, 26.11.2020)
• The Board authorized the establishment of a joint venture between Vista Equity Partners Management, LLC and NEC Corporation. (20-51/697-308, 26.11.2020)
• The Board authorized the acquisiton of the sole control of Anadolu Restoran İşletmeleri Ltd. Şti. by Birlesik Holding Limited. (20-52/734-325, 03.12.2020)
• The Board authorized the acquisition of the sole control of Ahlstrom-Munksjö Oyj and its privities by Bain Capital Europe Fund V, SCSp managed by Bain Capital Investors L.L.C. (20-52/731-324, 03.12.2020)
• The Board authorized the acquisition of the sole control of Condor Flugdienst GmbH and its privities by Team Treuhand GmbH through SG Luftfahrt GmbH. (20-52/730-323, 03.12.2020)
• The Board authorized the acquisition of the sole control of Rocket Topco Limited and its privities by Hg Capital LLP and KKR&Co. Inc. (20-52/726-322, 03.12.2020)
• The Board authorized the acquisition of the sole control of M.T. Plastik A.Ş.by Simona AG. (20-52/725-321, 03.12.2020)
• The Board authorized the acquisition of the joint control of InhabitIQ LLC controlled by Insight Venture Management, LLC by The Goldman Sachs Group, Inc. (20-52/722-319, 03.12.2020)
• The Board authorized the acquisition of the sole control of Taiyuan Iron and Stell (Group) Company Ltd. by China Baowu Steel Group Corporation Limited. (20-53/743-331, 10.12.2020)
• The Board authorized the acquisition of the joint control of the business line of phenolic resin operated by Hexion Inc by Black Diamond Capital Management L.L.C and Investindustrial S.A. through Fusion UK Holding Ltd. (20-53/742-330, 10.12.2020)
• The Board authorized the acquisition of the sole control of Forcepoint LLC by Francisco Partners Management LP. (20-53/740-328, 10.12.2020)
• The Board authorized the acquisition of the joint control of SmartBear Software, Inc. run by the funds managed by Francisco Partners Management LP by the funds managed by Vista Equity Partners Management, LLC. (20-53/739-327, 10.12.2020)

Energy

• The Energy Market Regulatory Authority (“EMRA”) Decision dated 03.12.2020 and numbered 9760 were published in the Official Gazette dated 12.2020 and numbered 31324.
• The EMRA Decision dated 03.12.2020 and numbered 9745 were published in the Official Gazette dated 08.12.2020 and numbered
• The EMRA Decision dated 03.12.2020 and numbered 9754 were published in the Official Gazette dated 08.12.2020 and numbered
• The EMRA Decision dated 10.12.2020 and numbered 9795 were published in the Official Gazette dated 16.12.2020 and numbered