Recent Keynotes of March 2021

International Agreements

• Law numbered 7285 on the Approval of the Ratification of the Agreement on Reciprocal Incentive and Protection of the Investments between the Governments of the Republic of Turkey and Georgia entered into force through publication in the Official Gazette dated 11.03.2021 and numbered 31420.
• Law numbered 7291 on the Approval of the Ratification of the Protocol on Amendments to Article 9/7 of the Agreement on the Promotion and Protection of the Investments signed between the Member States of Economic Cooperation Organization with the Agreement on the Promotion and Protection of the Investments signed between the Member States of Economic Cooperation Organization entered into force through publication in the Official Gazette dated 11.03.2021 and numbered 31420.
• Law numbered 7282 on the Approval of the Ratification of the United Nations Convention on the Settlement Agreements upon Mediation entered into force through publication in the Official Gazette dated 11.03.2021 and numbered 31420.

Resolutions of the President

• The Resolution of the President dated 08.03.2021 and numbered 3592 on the Extension of the Periods Indicated in the First and Second Paragraphs of Provisional Article 10 of Labor Law No. 4857 as of 17/3/2021 was published in the Official Gazette dated 09.03.2021 and 31418.
• The Annex to the Resolution on the Import Regime (Resolution No: 3686) entered into force through publication in the Official Gazette dated 20.03.2021 and numbered 31429.
• The Resolution of the President dated 19.03.2021 and numbered 3718 on the withdrawal from The Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence by the Republic of Turkey entered into force through publication in the Official Gazette dated 20.03.2021 and numbered 31429.

Legislation

• The Communiqué on the Amendment to the Communiqué on Workplace Occupational Health and Safety Related Hazard Classes entered into force through publication in the Official Gazette dated 24.02.2021 and numbered 31405.
• The Regulation on the Amendment to the Regulation on the Procedure and Principles regarding the Monitoring of the Transactions Affecting FX Positions by the Central bank of the Republic of Turkey entered into force through publication in the Official Gazette dated 24.02.2021 and numbered 31405.
• The Communiqué on the Amendment to the Communiqué on the Stamp of Trust in Electronic Commerce entered into force through publication in the Official Gazette dated 25.02.2021 and numbered 31406.
• The Communiqué on the Amendment (No:2021/13) to the Communiqué (No: 2020/4) on the Procedure and Principles regarding the Fees that Banks Can Charge Commercial Clients entered into force through publication in the Official Gazette dated 01.03.2021 and numbered 31410.
• The Communiqué on the Amendment to the Communiqué (Serial No: V, No: 65) on Margins Trading, Short Sales and Lending and Borrowing of Securities (Serial No: V, No: 137) entered into force through publication in the Official Gazette dated 05.03.2021 and numbered 31414.
• The Regulation on the Amendment to the Regulation on KOSGEB Support Programs entered into force through publication in the Official Gazette dated 06.03.2021 and numbered 31415.
• The Law numbered 7292 on the Amendment to Certain Laws and the Law on the Establishment and Operation Principles of Financial Leasing, Factoring and Financing Companies entered into force through publication in the Official Gazette dated 07.03.2021 and numbered 31416.
• Decisions Regarding the Operations that the Central Registry Agency May Carry Out In Addition to the Operation of the Securities Settlement System entered into force through publication in the Official Gazette dated 13.03.2021 and numbered 31422.
• The Regulation on the Amendment to the Regulation on the audit of Electricity Distribution Companies entered into force through publication in the Official Gazette dated 16.03.2021 and numbered 31425.
• The Regulation on the Amendment to the Regulation on the Principles and Rules to be Applied in Retail Trade entered into force through publication in the Official Gazette dated03.2021 and numbered 31425.
• The Regulation on the Precautionary Plans to be Prepared by Systemically Important Banks Trade entered into force through publication in the Official Gazette dated03.2021 and numbered 31425.
• The Communiqué (No: 2021/2) on the Commitment to be Submitted in Preliminary Investigations and Investigations for Contracts Restricting Competition, Concerted Actions and Decisions, and Abuse of Dominant Position entered into force through publication in the Official Gazette dated 16.03.2021 and numbered 31425.
• The Communiqué (No: 2021/3) on the Agreements, Concerted Practices, Acts and Conducts of Association of Undertakings that Do Not Considerably Restrict Competition entered into force through publication in the Official Gazette dated 16.03.2021 and numbered 31425.
• The Decision on Foreign Trade Capital Companies entered into force through publication in the Official Gazette dated 17.03.2021 and numbered 31426.
• The Regulation on the Amendment to the Regulation on the Landfill of Wastes entered into force through publication in the Official Gazette dated 19.03.2021 and numbered 31428.

Competition Board Decisions

• The Competition Board (“Board”) granted negative clearance within the framework of Article 8 of Law numbered 4054 to the Draft Agreement to be prepared by the Association of Casting Agencies and to be published on the internet site of the Association in order to establish the working procedures and principals between casting agencies and actors, models/photo models affiliated with these agencies, advertising agencies, advertising production companies and direct advertisers, and the rights and obligations/responsibilities of the parties (04.03.2021, 21-11/148-61).
• The Board authorized the establishment of a joint venture to combine cement business lines and other related business lines between Ube Industries, Ltd. and Mitsubishi Materials Corporation (04.03.2021, 21-11/157-66).
• The Board granted individual exemption to the practice of presenting holiday packages to consumers that will be created by using a brand for holiday packages, which is to be established by THY by Erka Etkinlik ve Turizm A.Ş. and Erka Tk Turizm Bilişim A.Ş., during the term of the contract within the framework of the Agreement on the Cooperation Regarding Sales of Holiday Packages, signed between Türk Hava Yolları A.O., Erka Etkinlik ve Turizm A.Ş. and Erka Tk Turizm Bilişim A.Ş. (11.03.2021, 21-13/175-76).
• The Board granted individual exemption to the e-policy project that enables the electronic insurance policy production, notification and storage processes of insurance companies to be carried out through the special integrator service provided by the Insurance Information and Monitoring Center (18.03.2021, 21-15/184-78).

Mergers and Acquisitions

• The Board authorized the acquisition of the sole control of Sincan, Kayaş and Gölbaşı ready-mixed concrete facilities that are located in Ankara and under the control of Polat Hazır Beton ve Prefabrik Yapı Elemanları Sanayi ve Ticaret A.Ş. by Votorantim S.A., through Votorantim Çimento Sanayi ve Ticaret A.Ş. through leasing (25.02.2021, 21-10/133-56).
• The Board authorized the acquisition of the sole control of STEAG Rüzgar Süloğlu Enerji Üretim ve Ticaret A.Ş. and STEAG Turkey Enerji Yatırımları ve Hizmetleri A.Ş. by Entek Elektrik Üretimi A.Ş. (25.02.2021, 21-10/128-53).
• The Board authorized the acquisition of certain assets such as real estate that are related to the factories producing milk and dairy products of the SEK brand, specified machinery and equipment, trademarks and other intellectual property rights, domain names and social media accounts, stocks agreed to by the parties, which are owned by Tat Gıda Sanayi A.Ş. by CLA Süt ve Süt Ürünleri Gıda Sanayi ve Ticaret A.Ş. by CLA Süt ve Süt Ürünleri Gıda Sanayi ve Ticaret A.Ş. (04.03.2021, 21-11/159-68).
• The Board authorized the acquisition of the sole control of MTS Teknoloji Yatırımları A.Ş., directly, the acquisition of the sole control of Kartek Holding A.Ş., indirectly, by Mediterra CApital Partners II and International Fintech Solutions S.à.r.l., belonging to LP. (04.03.2021, 21-11/158-679).
• The Board authorized the acquisition of the joint control of Watford Holdings Ltd. by Arch Capital Group Ltd., funds managed by Kelso & Company L.P. or other subsidiaries, and Warburd Pincus LLC and related funds (04.03.2021, 21-11/156-65).
• The Board authorized the acquisition of the joint control of Plast Met Plastik Metal Sanayi İmalat ve Ticaret A.Ş. and Plast Met Kalıp Sanayi İmalat ve Ticaret A.Ş. that are owned by Erol SENOL of SMR Auomotive Mirrors Stuttgart GmbH (04.03.2021, 21-11/150-62).
• The Board authorized the acquisition of the sole control of Varian Medical Systems, Inc. through Siemens Healthineers Holding I GmbH by Siemens AG (04.03.2021, 21-11/145-60).
• The Board authorized the acquisition of certain shares and the sole control of Chr. Hansen Natural Colors A/S, all of the shares of some other subsidiaries of Chr. Hansen Natural Colors A/S, and all assets regarding the natural colorant business line of Chr. Hansen Natural Colors A/S, by EQT IX that is under the control of EQT Fund Managament S.à r.l. (04.03.2021, 21-11/143-59).
• The Board authorized the acquisition of the shares of Good Host Spaces Privite Limited that is under the joint control of The Goldman Sachs Group, Inc. and Housing Development Finance Corporation Limited, by certain private equity funds administered by Warburg Pincus LLC through the Housing Development Finance Corporation Limited (11.03.2021, 21-13/162-72).
• The Board authorized the acquisition of the sole control of the development, production, restructuring and sales of polymethyl methacrylate and methyl methacrylate business lines administered by Arkema S.A. by Trinseo S.A. (11.03.2021, 21-13/165-70).
• The Board authorized the acquisition of the joint control of EPS Emobility S.r.l that is under the control of ENGIE EPS Italia S.r.l, by FCA Italy S.p.A. (18.03.2021, 21-15/187-79).
• The Board authorized the acquisition of the sole control of Elewan Energy, S.L. and its subsidiaries, by ORIX Corporation Europe N.V. (18.03.2021, 21-15/178-77).

Energy

• The Energy Market Regulatory Authority (“EMRA”) Decision dated 25.02.2021 and numbered 10045-17 was published in the Official Gazette dated 03.03.2021 and numbered 31412.
• The EMRA Decision dated 04.03.2021 and numbered 10061 was published in the Official Gazette dated 06.03.2021 and numbered 31415.
• The EMRA Decision dated 25.02.2021 and numbered 10046 was published in the Official Gazette dated 12.03.2021 and numbered 31421.
• The EMRA Decision dated 11.03.2021 and numbered 10072 was published in the Official Gazette dated 13.03.2021 and numbered 31422.
• The EMRA Decision dated 17.03.2021 and numbered 10081 was published in the Official Gazette dated 18.03.2021 and numbered 31427.
• The EMRA Decisions dated 18.03.2021 and numbered 10086-1, 10086-2, 10086-3, 10087 and 10088 were published in the Official Gazette dated 20.03.2021 and numbered 31429.