Recent Keynotes of November 2017

International Agreements

• The Resolution of the Council of Ministers dated 01.05.2017 and numbered 2017/10175 on Memorandum of Understanding in the Field of Tourism between the Government of the Republic of Turkey and the Government of the United Republic of Tanzania was published in the Official Gazette dated 28.10.2017 and numbered 30224.
• The Resolution of Council of Ministers dated 01.05.2017 and numbered 2017/10177 on the Ratification of the Agreement on Cooperation in the Energy Field was published in the Official Gazette dated 28.10.2017 and numbered 30224.
• The Resolution of Council of Ministers dated 01.05.2017 and numbered 2017/10176 on the Ratification of the Agreement on Legal and Commercial Cooperation between the Republic of Turkey and the Republic of Serbia was published in the Official Gazette dated 28.10.2017 and numbered 30224.

Legislation

• The Regulation on the Amendment to the Regulation on Implementation of Industrial Property Law entered into force through publication in the Official Gazette dated 27.10.2017 and numbered 30223.
• The Regulation on the Extinguishment, Destruction or Anonymization of Personal Data was published in the Official Gazette dated 28.10.2017 and numbered 30224. This Regulation enters into force on 01.01.2018.
• The Regulation on Consumer Rights in the Electronic Communication Sector entered into force through publication in the Official Gazette dated 28.10.2017 and numbered 30224.
• The Regulation on the Protection of Drinking and Utility Water Basins entered into force through publication in the Official Gazette dated 28.10.2017 and numbered 30224.
• The Regulation on the Amendment to the Regulation on Protection of Water Basins and Preparation of Management Plans entered into force through publication in the Official Gazette dated 28.10.2017 and numbered 30224.
• The Regulation on the Amendment to the Regulation on Assessment and Evaluation of the Liquidity Coverage of Banks entered into force through publication in the Official Gazette dated 04.11.2017 and numbered 30230.
• The Regulation on the Amendment to the Regulation on Merger, Take-over, Separation and Exchange of Stocks of Banks entered into force through publication in the Official Gazette dated 16.11.2017 and numbered 30242.
• The Law on Incorporation and Assignments of Halal Accreditation Board entered into force through publication in the Official Gazette dated 18.11.2017 and numbered 30244.
• The Regulation on the Amendment to the Regulation on Processing Personal Health Data and Procurement of Privacy entered into force through publication in the Official Gazette dated 24.11.2017 and numbered 30250.

Competition Board Decisions

• The Competition Board (“Board”) granted individual exemption to the cooperation agreements in the field of producing and commercializing of animal feed products, between Koninklijke DSM N.V. and Evonik Industries AG in the market of mixed animal feed that includes Omega-3 fatty acid. ( 26.10.2017, 35/573-248)
• The Board held that the “Framework Contract Regarding the Sale of Fresh Carcass Meat” to be concluded between the Institution of Meat and Milk and retail red meat sale stores, shall benefit from the group exemption under Communiqué numbered 2002/2. ( 26.10.2017, 35/575-249)
• The Board granted individual exemption to the agreements in which İstanbul Branch of Bristol-Myers Squibb İlaçları Inc. exclusively authorized İnci Ecza Deposu Ticaret Ltd. Şti. and Aksel Ecza Deposu A.Ş in the sale of medicines titled Yervoy and Orencia on the condition of the presence of an explicit provision regulating that exclusivity does not include group auctions in the agreements. (09.11.2017, 17-36/582-255)
• The Board held that the transfer of the immovables owned by the State Treasury, placed on the Antalya Province, Aksu District, Solak Village, 13202 block 166 layout and 13203 block 67, 68, 69 and 70 layouts, which have the 1.094.671,44 m2 square measure, on which EXPO 2016 Antalya International Exhibit and Fair Area was placed, by privatization, is not subject to authorization. (09.11.2017, 17-36/586-258)
• The Board authorized the privatization of the 28.2% participation shares of Hidrojen Peroksit Sanayi ve Ticaret A.Ş., owned by the Directorate of the Privatization Administration through the method of “Sale.” (09.11.2017, 17-36/577-251)

Mergers and Acquisitions

• The Board authorized the transaction of the establishment of joint venture between Anadolu Motor Üretim ve Pazarlama A.Ş. and Argo Tractors S.P.A. (26.10.2017, 35/539-230)
• The Board authorized the operation of the transfer of Vansan Makine Sanayi ve Ticaret A.Ş. to the joint control of Aquaman B.V. and Murat Can ERTÖZ. (26.10.2017, 35/540-231)
• The Board authorized the acquisition of the control of Grammer AG by Jihong Investment Co., Ltd. (26.10.2017, 35/541-232)
• The Board authorized the acquisitionof the all of the shares of Erkunt Traktör Sanayii A.Ş., and the majority shares of Erkunt Sanayi A.Ş. by Mahindra Overseas Investment Company Limited, which is under the absolute control of Mahindra & Mahindra Limited. (26.10.2017, 35/542-233)
• The Board authorized the acquisition of the all of the shares of Fondo Italiano d’Investimento that is administered by Fondo Italiano d’Investimento SGR S.p.A. by NB SOF IV Holding LP. (26.10.2017, 35/543-234)
• The Board authorized the acquisitionof a certain number of joint shares of capital of Netafim Ltd. by Mexichem Soluciones Integrates Holding S.A. de C.V. (26.10.2017, 35/552-239)
• The Board authorized the acquisitionof the full control of Batıgroup Dental Diş Ürünleri Ticaret A.Ş and certain assets of Botiss Dental Tıbbi Malzemeler Dış Ticaret A.Ş. by Straumann Holding AG. (26.10.2017, 35/553-240)
• The Board authorized the acquisitionof the full control of Propak Ambalaj Üretim ve Pazarlama A.Ş. by Polinas Plastik Sanayii ve Ticareti A.Ş. (26.10.2017, 35/554-241)
• The Board authorized the operation regarding the acquisition of joint control by Cambourne Life Investment Pte., Massachusetts Mutual Life Insurance Company and Blackstone Group L.P. on Rothesay HoldCo UK Ltd., which is currently jointly controlled by Goldman Sachs Group and Blackstone Group. (26.10.2017, 35/558-242)
• The Board authorized the indirect acquisitionof the joint control of Paysafe Group Plc by CVC Capital Partners SICA V-FIS S.A. and The Blackstone Group L.P. through CVC Funds. (26.10.2017, 35/559-243)
• The Board granted conditional authorization to the acquisitionof the all of the shares of FTE Group Holding GmbH by Valeo Holding GmbH. (26.10.2017, 35/560-244)
• The Board authorized the acquisitionof the sole control of LS Automotive Corporation and the sole control of copper foil and elastic copper-covered laminated management units by KKR Co. L.P. (26.10.2017, 35/563-246)
• The Board authorized the acquisition of the all of the shares of Milta Turizm İşletmeleri A.Ş. by Tek-Art Kalamış ve Fenerbahçe Marmara Turizm Tesisleri A.Ş. (26.10.2017, 35/564-247)
• The Board decided that transfer of the shares and sole control of Şua Elektrik Üretim A.Ş. to Polat Enerji Sanayi ve Ticaret A.Ş is not subject to authorization. (09.11.2017, 17-36/591-BD)
• The Board decided that transfer of the sole control of Datça Rüzgar Enerjisi Elektrik Üretim A.Ş. to Nas Enerji A.Ş. is not subject to authorization. (09.11.2017, 17-36/590-BD)
• The Board authorized the transfer of Loders Croklaan Group B.V.under the the sole control of IOI Corporation Berhad to the joint control of IOI Corporation Berhad and Koninklijke Bunge B.V. (09.11.2017, 17-36/581-254)
• The Board authorized the acquisition of the all of the shares and sole control of Baki Elektrik Üretim Ltd. Şti by Nas Enerji A.Ş. (09.11.2017, 17-36/576-250)
• The Board authorized the acquisitionof the shares of Doğtaş Kelebek Mobilya Sanayi ve Ticaret A.Ş. that are possessed by International Furniture B.V, by Doğanlar Yatırım Holding A.Ş. (15.11.2017, 17-37/607-264)
• The Board authorized the acquisitionof the joint control of Paleks Geri Dönüşüm Çözümleri A.Ş. by Netlog Lojistik Hizmetleri A.Ş. (15.11.2017, 17-37/604-263)
• The Board authorized the acquisition of certain shares of Biletal İç ve Dış Ticaret A.Ş. by Turk Ticket S.a.r.l that is indirectly controlled by Abraaj Investment Management Ltd. and G43 Anatolian Venture Capital Fund C.V. (15.11.2017, 17-37/601260)
• The Board decided that the acquisition of the shares that represent a certain part of the capital of Ekofer Tekstil ve Parfümeri Sanayi Pazarlama A.Ş by Taxim Capital Partners I LP through Intilux S.a.r.l is not subject to authorization. (23.11.2017, 17-38/618-BD)
• The Board authorized the acquisitionof certain shares of Paket Taşımacılık Sistemleri ve Turizm Bilgisayar Ticaret A.Ş. by General Consumer Goods B.V. (23.11.2017, 17-38/614-269)
• The Board authorized the reestablishment of certain minority protection rights on Anadolu Efes Biracılık ve Malt Sanayii A.Ş. (AE) to Anheuser-Busch InBev SA/NV under the Amended and Reorganized Relationship Agreement Regarding AE. (23.11.2017, 17-38/611-267)

Energy

• The Resolution of the Energy Market Regulatory Authority (“EMRA”) on Amendment to the Board Decision regarding National Marker Implementation Activities and Procedures and Principles regarding National Marker Delivery dated 09.11.2017 and numbered 7426 was published in the Official Gazette dated 14.11.2017 and numbered 30240.
• The Resolution of the EMRA on Procedures and Principles regarding Enabling the Board Distant Reach to the Systems of Distribution License Owners in the Electric Market entered into force through publication in the Official Gazette dated 09.11.2017 and numbered 30235.
• The Resolution of EMRA, dated 09.11.2017 and numbered 7428-13 on Abrogation of Procedures and Principles regarding Distribution Connection Costs and Implementation dated 03.11.2010 and numbered 2861 was published in the Official Gazette dated 14.11.2017 and numbered 30240.
• The Resolution on Essential Usage Procedures and Principles of BOTAŞ Dörtyol Afloat Liquefied Natural Gas (LNG) Terminal (FSRU) of BOTAŞ Dörtyol that was regulated pursuant to Article 5 of the Regulation on Essential Principles and Procedures of Usage of Liquefied Natural Gas Storage Facility entered into force on the date of decision, 09.11.2017. The resolution was published in the Official Gazette dated 14.11.2017 and numbered 30240.
• The Resolution of the EMRA regarding retail sale tariffs of the second tariff implementation period of Diyarbakır Doğal Gaz Dağıtım Anonim Şirketi, holding the license numbered DAG/1189-1/149 dated 10.05.2007, pursuant to the Regulation on Natural Gas Market Tariff, Procedures and Principles for Natural Gas Distribution Companies and related legislation, entered into force through publication in the Official Gazette dated 11.11.2017 and numbered 30240.
• The Resolution of the EMRA dated 16.11.2017 and numbered 744 regarding retail sale tariffs of second tariff implementation period of Udaş Uşak Doğalgaz Sanayi ve Ticaret Anonim Şirketi that holds license numbered DAG/475-10/079, dated 14.04.2005, pursuant to the Regulation on Natural Gas Market Tariff, Procedures and Principles for Natural Gas Distribution Companies and related legislation, entered into force through publication in the Official Gazette dated 11.11.2017 and numbered 30240.