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65 New Articles

A. Introduction: The Competition Board (“Board”) has recently published its reasoned decision in its reassessment of the Turkish Pharmacists Association (Türk Eczacıları Birliği) (“TPA”) case, following the annulment decision rendered by the 13th Chamber of the High State Court (“High State Court”). The High State Court’s ruling was made as a result of the TPA’s appeal against the Board’s earlier decision concerning the TPA’s practices, which examined allegations that the TPA had fixed pharmacies’ purchasing terms and conditions in non-market circumstances. Pursuant to the investigation, the Board found that the TPA had violated Article 4 of the Law No. 4054 on the Protection of Competition (“Law No. 4054”), and imposed an administrative monetary fine corresponding to 3% of the TPA’s revenues for the 2009 fiscal year. 

Former ELIG Attorneys at Law Partner Olgu Kama has joined Norton Rose Fulbright as an international partner in Istanbul. Kama will provide Turkish law advice and will work out of the Bilgic Attorney Partnership, Norton Rose Fulbright's affiliated firm in Turkey.

“The Communiqué on the Decree No. 32 on the Protection of the Value of Turkish Currency regarding Export Proceeds (The Communiqué No. 2018-32/48) (the “Communiqué”) has been published in the Official Gazette dated 4 September 2018 and numbered 30525. The Communiqué has entered into force as of its publication date and shall remain in effect for six (6) months starting from its publication date.

Paksoy has advised Atlassian on Turkish elements related to its USD 295 million acquisition of Boston-based OpsGenie, a company making technology which enables companies to better plan for and respond to IT service disruptions. Lead counsel for Atlassian was Hogan Lovells.

"The Communiqué on the Procedures and Principles for the Issuance of Building Registration Certificates" (the "Communiqué"), which closely concern citizens, has been published in the Official Gazette dated 6 June 2018 and numbered 30443 and came into force starting from the publishing date in order to eliminate the contradictions to the zoning legislation in our country where real estate is regarded as the number one safety investment instrument.

November 8, 2018, Marmara Taksim Hotel, Istanbul

We are excited to announce that registration for the 2018 Turkey General Counsel Summit is now open. The event will take place in Istanbul’s Marmara Taksim Hotel on November 8, 2018.

A legal entity is defined as “groups of persons organized as entity on its own and independent property groups constructed for special object” under Article 47 of the Turkish Civil Code No. 4721 (“TCC”). Under Turkish laws, legal entity owns its assets; such assets are dedicated to the purposes of the legal entity and legal entity is liable only with such assets. Legal entity is entitled to be part to the legal transactions as an independent person, separately from its founders and is liable for such transactions against third parties.

Paksoy has advised Migros Ticaret A.S., on its August 31, 2018 merger with Kipa Ticaret A.S. following the July 19, 2018 approval of Turkey's Capital Markets Board. The resulting company will operate under the Migros brand.

Crowded cities and unplanned urbanization have always plagued Turkey. According to the Ministry of Environment and Urbanization (the “Ministry”), more than ten million structures in the country violate zoning laws and regulations. These structures, including factories, shopping malls, and office buildings, are built without a construction permit, used without an occupancy permit, or violate other laws.

The European Commission (“Commission”) has released a report on April 17, 2018, which contained important findings of fact and assessments regarding Turkey’s political situation, economic development, regional issues and international obligations. This document summarizes and evaluates the conclusions put forth by the Commission in its report (“Report”) with respect to intellectual property law in Turkey and its suggestions for the coming years.