Recent Keynotes of September 2016

International Agreements

• Law numbered 6737 on the Ratification of the Montenegro’s Accession Protocol to the North Atlantic Treaty Organization entered into force through publication in the Official Gazette dated 25.08.2016 and numbered 29812.
• Law numbered 6738 on the Ratification of the Cooperation Agreement on the Peaceful Use of Nuclear Power between the Governments of the Republic of Turkey and the Peoples’ Republic of China entered into force through publication in the Official Gazette dated 25.08.2016 and numbered 29812.
• Law numbered 6744 on the Ratification of Energy Cooperation Agreement between the Governments of the Republic of Turkey and the Bolivarian Republic of Venezuela entered into force through publication in the Official Gazette dated 01.09.2016 and numbered 29818.
• The Resolution of the Council of Ministers dated 24.08.2016 and numbered 2016/9129 on the Ratification of the Free Trade Agreement between the Governments of the Republic of Turkey and the Republic of Moldova entered into force through publication in the Official Gazette dated 10.09.2016 and numbered 29827 (bis).

Legislation

• Circular on the North Marmara (The Third Bosporus Bridge Included) Road Project entered into force through publication in the Official Gazette dated 24.08.2016 and numbered 29811.
• Law numbered 6741 on the Incorporation of Turkish Asset Management Incorporated Company and Other Certain Laws entered into force through publication in the Official Gazette dated 26.08.2016 and numbered 29813.
• The Communique (No: 2016/3) on the Amendment to the Communique (No: 2012/1) on the Application of the Decision on State Aid for Investments entered into force through publication in the Official Gazette dated 27.08.2016 and numbered 29814.
• The Regulation on the Management of the Intellectual Property Rights of the Turkish Scientific and Technological Research Institution and Technology Transfer entered into force through publication in the Official Gazette dated 01.09.2016 and numbered 29818.
• The Communique on the Amendment to the Customs General Communique (International Agreements) (Serial Number: 8) entered into force through publication in the Official Gazette dated 03.09.2016 and numbered 29820.
• The Regulation on the Procedure and Principals of the Reimbursement to Investors by the Investor Compensation Center based on the partial annulation of Article 13/4 of Capital Market Law numbered 6362 entered into force through publication in the Official Gazette dated 07.09.2016 and numbered 29824.
• The Communique on Unfair Competition Prevention in Importation (No: 2016/37) entered into force through publication in the Official Gazette dated 07.09.2016 and numbered 29824.

Competition Board Decisions

• The Competition Board (“Board”) granted negative clearance to the establishment of a company by Enerya Gaz Dağıtım A.Ş. in order to execute the installation activity of interior wiring and infrastructure required for the transportation of natural gas into building. (25.08.2016, 16-29/483-217)
• The Board decided that the Franchise Agreement between Roche Diagnostics Turkey A.Ş. and its franchises is appropriate to Article 4 of Law numbered 4054 that the Franchise Agreement benefits from group exemption for the markets of clinical chemistry systems, bleeding/clotting systems, hematology instruments, microbiology testing systems, urinary devices, sequence systems, patient chairside systems, and the genetics and research system within the context of Communique on Group Exemption Related to Vertical Agreements numbered 2002/2, and that it does not benefit from group exemption for self-testing devices and immunochemical testing systems within the context of Communique on Group Exemption Related to Vertical Agreements numbered 2002/2; however, the agreement mentioned, above, can benefit from individual exemption for these markets within the context of Article 5 of Law numbered 4054. (25.08.2016, 16-29/487-219)
• The Board granted individual exemption to the BKM Express system within the context of the Article 5 of Law numbered 4054 on the understanding that member businesses and cardholders are not supposed to make any payment. As well, the Board decided that the fact that the trade commission, which is a part of Bankalararası Kart Merkezi A.Ş. falls within the context of Article 4 of Law numbered 4054. (23.09.2016, 16-31/525-236)
• The Board granted negative clearance within the context of Article 8 of Law numbered 4054 to the appropriateness of the lifetime guarantee campaign offered by Şahsuvaroğlu Dış Ticaret Kimyasal Ürünler Otomotiv Pazarlama San. ve Tic. Ltd. Şti to Articles 4, 6, 7 of Law numbered 4054. (08.09.2016, 16-30/506-227)

Mergers and Acquisitions

• The Board authorized the merger of Showa Shell Sekiyu K.K. and Idemitsu Kosan Co. Ltd. (25.08.2016, 16-29/482-216)
• The Board authorized the establishment of the joint control on Navico Holding AS and Digital Marine Solutions Holding AS by Goldman Sachs Group, Inc. and Altor Fund IV. (25.08.2016, Goldman Sachs Group, Inc- Altor Fund IV)
• The Board authorized the acquisition of the majority and control of the shares of Konsensus Öğretim Yatırımları ve Ticaret A.Ş. by Omar Elektrik A.Ş. (25.08.2016, 16/29-500-221)
• The Board authorized the acquisition of a certain number of shares held by Kolin İnşaat Turizm Sanayi ve Ticaret A.Ş. of KLK Enerji Üretim A.Ş. by Limak Yatırım Enerji Üretim İşletme Hizmetleri ve İnşaat A.Ş. and another portions of shares by Kalyon Yatırım Holding A.Ş. (23.09.2016, 16-31/515-230)
• The Board authorized the establishment of a joint venture by The Euclid Chemical Company and Ege Kimya Sanayi ve Ticaret A.Ş. (23.09.2016, 16-31/516-231)
• The Board authorized the acquisition of a certain amount of shares of Adama Agricultural Solutions Ltd. by China National Agrochemical Corporation and the transition from joint control to sole control. (23.09.2016, 16-31/518-232)
• The Board authorized the acquisition of Weyerhaeuser Company’s paper stock work unit through the acquisition of assets and shares by International Paper Company. (23.09.2016, 16-31/519-233)
• The Board authorized the acquisition of a certain number of shares and the sole control of MSC Gemi Acenteliği A.Ş. by United Agencies Limited S.A., which already held a certain portion of the shares of MSC Gemi Acenteliği A.Ş. (23.09.2016, 16-31/536-237)
• The Board authorized the acquisition of the shares of Farmamak Ambalaj Maddeleri ve Ambalaj Makineleri Sanayi ve Ticaret A.Ş. by Klöckner Pentaplast GmbH. (23.09.2016, 16-31/536-237)
• The Board authorized the acquisition of the sole control of Rockwood Specialties Group GmbH and Chemetall U.S. by BASF SE. (08.09.2016, 16-30/501-222)
• The Board authorized the transition of Natek Bilişim Bilgisayar Eğitim Danışmanlık Yazılım Ticaret Sanayi A.Ş. to joint venture through the acquisition of a certain number of its shares by Mehmet Ali Yalçındağ and May Investment B.V. (08.09.2016, 16-30/502-223)
• The Board authorized the acquisition of the Anda Dağıtım work unit that belonged to Allergan Plc by Teva Pharmaceutical Industries Limited. (08.09.2016, 16-30/503-224)
• The Board authorized the establishment of the Valeo Siemens eAutomotive GmbH joint venture between Siemens AG and Valeo S.A. (08.09.2016, 16-30/505-226)
• The Board authorized the acquisition of the veto rights relating to strategic decisions that procured joint control of Kemide SAS and its affiliates that are under the control of FPCI Qualium Fund and FCPR Investissement Long Term funds under Qualium Investissement SAS, between Axa Private Debt II SA Sicar and MD Mezzanine Sicar funds under Ardian France SA. (08.09.2016, 16-30/507-228)
• The Board authorized the acquisition of various equipment and personnel in service stores in Turkey, as well as lease contracts related to the stores of C&A Moda Ticaret A.Ş. under the C&A trademark by Defacto Perakende Ticaret A.Ş. (08.09.2016, 16-30/508-229)

Energy

• The Energy Market Regulatory Authority Decision dated 08.09.2016 and numbered 6476-1 on the “Pre-License Application for Wind Power” entered into force through publication on the website on 09.09.2016.