Partner, Competition and Compliance Leader
Mert Karamustafaoğlu
Department
Competition and Compliance
Languages
Turkish, German, English
Biography
Mert Karamustafaoglu is Partner and Competition and Compliance Leader in Erdem & Erdem Law Office. He works specifically in the competition compliance programs, mergers and acquisitions, joint ventures, privatizations, investigations within the scope of competition law and competition law practices in the energy sector.
Mert Karamustafaoglu graduated from Istanbul University Law School in 1999 and subsequently in 2001 he started working at the Competition Authority as an expert. He worked in the Competition Authority as the Deputy Competition Expert until 2005, Competition Expert between the years of 2005 and 2011 and Chief Competition Expert between the years of 2011 and 2016. Throughout this period, he actively took part in all kinds of competition investigations conducted with regard to competition violations in privatizations in the electricity, fuel oil, natural gas, mining markets, pharmaceutical, cement, ceramic, cinema sectors and public tenders. Moreover, Mert Karamustafaoglu has frequently taken part in law making processes and educational activities conducted within the body of the Competition Authority. Also, he has attended the preparation processes of the secondary legislation on competition law, in-service trainings and certificated internship programs in this regard.
Mert Karamustafaoglu, received his master’s degree on law from Freie Universitaet of Berlin in 2010, currently continues his postgraduate program on energy and competition law. Additionally, he takes part in the publication board of the “Energy Law” journal that is published by the Energy Law Research Institute and he is also member of the Management Board of this Institute.
Service Areas
Field of law that regulates and protects competition in a free market economy.
It covers all stages of a company's life cycle, from incorporation to liquidation.
The merger of two or more companies and the acquisition of one company by another.
Aims to improve economic efficiency by transferring public institutions and services to the private sector.
Representative Matters
Cartels and Competition Law Infringements
Abuse of the Dominant Position
Consultancy in Public Tenders
Mergers and Acquisitions
Privatizations
Exemptions
- Erzincan Ready-mix Concrete (2013): Investigation concerning the allegation of violation of Art. 4 of the Law no. 4054 by the ready-mix concrete manufacturers via concluding joint sales agreements.
- Film Distribution (2013): Preliminary investigation concerning the allegation of agreement of certain film distribution companies with the chain movie theaters regarding the exclusion of the independent movie theater operators from the market via not providing certain advantages that are being provided to the chain movie theaters to the independent movie theater operators.
- TEİAŞ Connection Points of Wind Power Plants (2011): Preliminary investigation concerning the allegation of competition violation in the tender of wind power plant connection point regarding the Sutluce Substation, lodged by Türkiye Elektrik İletim A.Ş.
- TOTAL/Akdag (2008): Preliminary investigation concerning the limitation of the terms of the vertical agreements in the fuel oil market and the related usufruct or similar type agreements with 5 years, by accepting such agreements as a single vertical agreement.
- Antalya Chamber of Pharmacists /Kotan Pharmacy (2006): Investigation concerning the claim of discontinuance of the sales on credit made to Kotan Pharmacy by some pharmaceutical warehouses under the influence of the Antalya Pharmaceutical Warehouse
- Marmara Ready-mix Concrete (2006): Investigation concerning the claim of violation of competition of the undertakings active in the Marmara district ready-mix concrete / cement market
- TEB (2004): Investigation concerning the claim of the Turkish Pharmacists’ Association and affiliated chambers of pharmacists enforcing practices of determination of discount rates applied to the pharmaceutical sales to private/public authorities and institutions and their alleged violation of the Law numbered 4054
- Ceramic Cartel (2003): Investigation concerning the claim of the Price fixing and production quota cartel in Turkish “ceramic tile” and “ceramic sanitary ware” market
- Turkey Underwater Sports Federation (2012): Investigation concerning the allegation of Turkey Underwater Sports Federation abusing its dominant position by various practices towards education systems other than CMAS
- İzmirgaz (2009): Investigation concerning the allegation of Izmirgaz Izmir Doğalgaz Dağıtım A.Ş. violating Article 6 of the Law number 4054 by its marketing strategy
- ASKI and EGO Counter (2008): Preliminary investigation concerning the allegation of ASKI and EGO forcing the customers to buy the counters that they determined
- CEAS (2003): Investigation concerning the allegation of CEAS abusing its dominant position and blocking the Third Party Access to the network
- Bayburt Construction Group (2012): Preliminary investigation concerning the allegation of Bayburt Construction Group entering to public tenders and performing simulated bidding in them via various companies that it controls
- Prepaid Counters (2009): Preliminary investigation concerning the allegation of the companies procuring prepaid water and natural gas counters performing simulated bidding in public tenders.
- NV Bekaert S.A. Acquisition (with Commitments) (2015).
- Ankara Hızlı Tren Garı Ortak Girişimi (2014)
- P&G/Gilette acquisition (2005)
- Uzan Group Lalapaşa and Gaziantep Cement Fabrics – Saving Deposit Insurance Fund sale (2005),
- Unilever/ Gibbs trademark acquisition (2004)
- Roche / DSM fine chemicals acquisition (2003)
- Mobil Mersin Ataş Refinery &BP acquisition (2002)
- ARAS, MERAM, SAKARYA and BASKENT Electricity Distribution Privatizations (2008),
- Izmit Natural Gas Distribution Privatization (2008),
- AYDEM Privatization (2008),
- PETKIM Privatization (2007),
- TUPRAŞ Privatization (2005),
- TEDAS Electricity Privatization Opinion (2005)
- ETI Electrometallurgy Privatization (2004)
- ETI Krom Privatization (2004)
- ETI Gümüş Privatization (2004)
- Eskişehir Bilecik Kütahya Work Set Association/Ceramics Aggregation, joint raw material purchase (2013)
- Aeropostale/ Genç Mağazacılık A.Ş. License Agreement (2012)
- Paşabahçe Dealership System (2008)
Education
Freie Universitaet Berlin (Private Law Doctorate)
Freie Universitaet Berlin (LL.M.)
Istanbul Law School
Uskudar Anatolian High school
Publications
Newsletter Articles
Other Articles
Books
- Liberalization and Competition in the Turkish Electricity Sector With Regards to Competition Policy, Turkey VI. Energy Symposium of the Union of Chambers of Turkish Engineers and Architects, Ankara 2007, p.298 ff.
- Usufruct and Other Similar Agreements in the Fuel Oil Distribution Sector from Competition Law Point of View, 15. International Energy and Environment Expo and Conference Proceedings, Istanbul 2009, p.164 ff.
- Abuse of Dominant Position via not Investing in the Energy Sector, Energy Law Journal Year 1, Number 1, Ankara 2012.
- Supervision of Concentrations in the Post-Liberalization Electricity Sector; Inferences on the New Period With Regards to the Eschwege Decision, Energy Law Journal, Year 2, Number: 2013/2, Ankara 2013.
- A Consumer Oriented Implication in Termination of Competition Law Violations; Commitment, 3. Consumer Law Symposium Book, Istanbul 2013.
- Consumer Informing Platforms Within the Scope of Transparency in the Fuel Oil Sector, 4. Consumer Law Symposium Book, Istanbul 2014.
- Relationship Between Consumer Protection and Competition Law in Electricity Markets, 5. Consumer Law Symposium Book, Istanbul 2015.
- Simulated Offers in Public Tenders With Regards to Competition Law, 2. Public Tender Symposium, Istanbul 2015.
- Turkey Chapter, The Private Competition Enforcement Review, Ed. Ilene Knable Gotts, 10th edition, The Law Reviews, March 2017.
- Turkey Chapter, The Private Competition Enforcement Review, Ed. Ilene Knable Gotts, 11th edition, The Law Reviews, March 2018.
- Impacts of the Current Agreements in the Electricity Generation Market over the Competitive Structure of the Market, Competition Authority Dissertation, Ankara 2005.
- Investitions-und Kapazitätszurückhaltung Als Missbräuchliches Verhalten Gemäss Art. 102 AEUV, Freie Universitaet Berlin,Master’s Thesis, Berlin 2010
Cards are being redistributed in the Turkish Beer Market
Competition Law
E-Marketplace Platforms Industry Review Preliminary Report Part 1: “Captain, an object is approaching”
Competition Law
E-Marketplace Platforms Industry Review Preliminary Report Part 2: “Shahmaran’s Story”
Competition Law
Evaluation of the European Commission E-Commerce Sector Inquiry with regard to Consumer Goods
Commercial Law
Final Sector Inquiry Report of the Competition Authority Regarding Fast-Moving Consumer Goods Retailing
Competition Law
General Evaluation Regarding the Decisions of the Competition Board in the Electricity Distribution Sector
Competition Law
New Horizons in Competition Law; Diesel Emissions Scandal
Competition Law
Second Stage in Facebook File
Competition Law
The File of Sahibinden.com; A Phoenix Story
Competition Law
Memberships
Association of Competition Experts
