Partner, Competition and Compliance Leader

Mert Karamustafaoğlu

Department Competition and Compliance
Languages Turkish, German, English
Mert Karamustafaoğlu
Biography
Service Areas
Representative Matters
Education
Publications
Memberships
Recommendations

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

Anti-Corruption
Anti-Corruption
Aims to prevent the illegal and unethical use of authority.
Competition and Antitrust
Competition and Antitrust
Field of law that regulates and protects competition in a free market economy.
Compliance
Compliance
Ensures that corporate activities are in accordance with existing legislation.
Corporate Advisory
Corporate Advisory
It covers all stages of a company's life cycle, from incorporation to liquidation.
Mergers and Acquisitions
Mergers and Acquisitions
The merger of two or more companies and the acquisition of one company by another.
Privatization
Privatization
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


See all

Memberships

Association of Competition Experts
Association of Competition Experts

Recommendations

A client says: "He likes to research and constantly improve himself. For this reason, whenever we have a question about a brand new topic, we can get the most useful and accurate answer in a short time." - Chambers Europe Guide 2022

A client says: "He is a passionate, determined and knowledgeable lawyer." - Chambers Europe Guide 2022

A client says:

“Mert Karamustafaoglu is extremely knowledgeable and does a fantastic job of delivering tailor-made solutions for our competition law related issues as well as merger clearance filings for our projects. Thanks to his experience both as a former expert in the Competition Authority and a lawyer in private practice, he is capable of addressing a broad range of matters very effectively.”Legal 500

A client says:

“Their exceptional partner Mert Karamustafaoglu, the practice lead for competition law, has a deep understanding of our sectoral challenges.”Legal 500

For creative legal solutions, please contact us.