Recent Keynotes of November 2018

November 2018
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International Agreements

  • The Resolution of the President dated 23.10.2018 and numbered 218 on Approval of the Memorandum of Understanding Between the Government of the Republic of Turkey and the United Nations South-South Cooperation Office was published in the Official Gazette dated 25.10.2018 and numbered 30576.
  • The Resolution of the President dated 25.10.2018 and numbered 230 on the Marine Transportation Agreement Between the Government of the Republic of Turkey and the Government of the State of Qatar was published in the Official Gazette dated 26.10.2018 and numbered 30577.
  • The Resolution of the President dated 02.11.2018 and numbered 308 on Approval dated 12 October 2018 of Amendments on Annexes 6, 8 and 9 of the Customs Agreement on the Transportation of International Goods Under Cover of TIR Carnet was published in the Official Gazette dated 03.11.2018 and numbered 30584 (bis).
  • The Resolution of the President dated 02.11.2018 and numbered 304 on the Joint Commission Protocol of the Turkey-Moldova Land Transportation Convention was published in the Official Gazette dated 03.11.2018 and numbered 30584 (bis).

Resolutions of the President

  • Resolution of the President dated 31.10.2018 and numbered 287 on Article 20/a of the Section Titled “I-Deed Transactions” of Tariff number (4) related to Act of Fees numbered 492, Articles 28 and 29 of Value Added Tax Law numbered 3065, and Article 12 of the Private Consumption Tax Act was published in the Official Gazette dated 31.10.2018 and numbered 30581 (bis).

Legislation

  • Communique on the Prevention of Unfair Competition in Importation (No: 2018/36) entered into force through publication in the Official Gazette dated 20.10.2018 and numbered 30571.
  • The Regulation on Amendment to the Regulation on the Procedures and Principles regarding the Fees that shall be collected from Financial Customers entered into force through publication in the Official Gazette dated 24.10.2018 and numbered 30575.
  • Customs General Communiqué (Transit Procedure) (No: 8) entered into force through publication in the Official Gazette dated 27.10.2018 and numbered 30578.
  • Communiqué on the Prevention of Unfair Competition in Importation (No: 2018/39) entered into force through publication in the Official Gazette dated 27.10.2018 and numbered 30578.
  • The Communiqué (Customs Transactions) (No: 152) on the Amendment to the Customs General Communiqué (Customs Transactions) (No: 94) entered into force through publication in the Official Gazette dated 03.11.2018 and numbered 30584.
  • The Communiqué (No: 7) on the Amendment to the Customs General Communiqué (Processing under Customs Control) (No: 3) entered into force through publication in the Official Gazette dated 03.11.2018 and numbered 30584.
  • The Regulation on the Amendment to the Regulation regarding the Rules and Principles to be applied to the Retail Trade entered into force through publication in the Official Gazette dated 011.2018 and numbered 30588.
  • The Regulation on Amendment to the Regulation on Short-Term Work and Short-Term Working Compensation entered into force through publication in the Official Gazette dated 09.11.2018 and numbered 30590.
  • The Communiqué (No: 2018-32/52) on the Amendment to the Communiqué regarding Decision No. 32 on the Protection of the Value of the Turkish Lira (Communiqué No: 2008-32/34) entered into force through publication in the Official Gazette dated 11.2018 and numbered 30597.
  • The Regulation on Amendment to the Regulation on Authorized Establishments for Ships entered into force through publication in the Official Gazette dated 17.11.2018 and numbered 30598.
  • The Communiqué (II-15.1.c) Amending the Communiqué (II-15.1) on Material Events Disclosure entered into force through publication in the Official Gazette dated 17.11.2018 and numbered 30598.
  • The Communiqué on the Amendment to the Public Procurement General Communiqué entered into force through publication in the Official Gazette dated 20.11.2018 and numbered 30601.

Competition Board Decisions

  • The Competition Board (“Board”) granted individual exemption to the Supply and Distribution Agreement signed between Er-Kim İlaç Sanayi ve Ticaret A.Ş. and Celgene Logistics Sarl, as all conditions under Article 5 of Law numbered 4054 have been satisfied. (18-41/657-321, 1.11.2018)
  • The Board decided that the provisions regarding the conduct of spare parts and maintenance services of the Fiat trademark, according to the quantitative distribution system of the “Dealership Agreement regarding the Sale and/or Service and/or Spare Part Distribution of the Fiat Trademarked Motor Vehicles” that is planned to be concluded between Tofaş Türk Otomobil Fabrikası A.Ş. and authorized dealers and services, shall be able to benefit from the group exemption provided by the Communique on the Group Exemption Regarding Vertical Agreements in Motorized Vehicles Sector numbered 2017/3. (18-41/658-322, 1.11.2018)
  • The Board granted individual exemption to the sub-license agreement signed between Türkiye Garanti Bankası A.Ş. and Türkiye Halk Bankası A.Ş., based on the license agreement with American Express, as all conditions under Article 5 of Law numbered 4054 have been satisfied. (18-43/684-337, 15.11.2018)

Mergers and Acquisitions

  • The Board previously authorized the acquisition of the joint control and, then later, the acquisition of the sole control of Emin Teknik Hortum ve Makine A.Ş. and DMD Dış Ticaret Makine Sanayi A.Ş. by NIBE Industrier AB. (18-41/653-319, 1.11.2018)
  • The Board authorized the acquisition of all of the rights and benefits over Shoal Creek Mine by means of Peabody Southeast Mining LLC, which is a subsidiary of Peabody Energy Corporation, the shares of which are held indirectly by Peabody Energy Corporation. (18-42/663-324, 8.11.2018)
  • The Board authorized the acquisition of the sole control over Lansing Trade Group LLC by The Andersons Inc. (18-42/665-326, 8.11.2018)
  • The Board authorized the acquisition of the sole control over Unifeeder A/S by DP World Investments B.V. (18-42/666-327, 8.11.2018)
  • The Board authorized the acquisition of the entire shares of Ado Enerji Üretimi Sanayi ve Ticaret A.Ş. and Mursal Enerji Üretimi Sanayi ve Ticaret A.Ş. by Kangal Elektrik Enerji Üretim ve Ticaret A.Ş. and İş Portföy Yönetimi A.Ş. Substructure Venture Capital Fund. (18-43/673-330, 15.11.2018)
  • The Board authorized the acquisition of the sole control over Candy S.p.A. by Haier Group Corporation via its indirect subsidiary Haier Europe Appliances Holding B.V. (18-43/674-331, 15.11.2018)
  • The Board authorized the transfer of the RX dermatological business of Bayer Aktiengesellschaft to LEO Pharma A/S, by means of selling shares and assets. (18-43/677-332, 15.11.2018)
  • The Board authorized the acquisition of the control over BDP International, via the funds of Greenbriar Holdings IV, L.L.C. (18-43/680-333, 15.11.2018)
  • The Board authorized the acquisition of the sole control over VTG Aktiengesellschaft by Morgan Stanley via Warwick Holding GmbH. (18-43/681-334, 15.11.2018)
  • The Board authorized the acquisition of 50% of the shares of the Simba Holding SARL, which is under the complete indirect control of Trafigura Group Pte Ltd., by Global InfraCo J S.a.r.I. (18-43/682-335, 15.11.2018)
  • The Board authorized the acquisition of the sole control over Aspen Insurance Holdings Ltd. by Apollo Management L.P. (18-43/683-336, 15.11.2018)

Energy

  • The 2018 August Monthly Sector Report was published on the official website of the The Energy Market Regulatory Authority (“EMRA”) on 26.10.2018.
  • The EMRA Decision dated 25.10.2018 and numbered 8152 was published in the Official Gazette dated 01.11.2018 and numbered 30582.
  • The Regulation on Amendment to the Regulation on Electricity Market Capacity Mechanism entered into force through publication in the Official Gazette dated 10.11.2018 and numbered
  • The Regulation on Amendment to the Regulation on Electricity Market Stabilization and Reconciliation was published in the Official Gazette dated 17.11.2018 and numbered 30598.
  • The EMRA Decision dated 25.10.2018 and numbered 8142-2 was published in the Official Gazette dated 17.11.2018 and numbered 30598.

Personal Data Protection

  • The Personal Data Protection Board Decision dated 16.10.2018 and numbered 2018/119 was published in the Official Gazette dated 01.11.2018 and numbered 30582.

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