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After three years of investigation, on July 18, 2018, The European Commission (“Commission”) issued its decision on the well-known Android case and fined Google LLC (“Google”) an astounding €4.34 billion for abusing its dominant position. The Commission held that “since 2011, Google has imposed illegal restrictions on Android device manufacturers and mobile network operators to cement its dominant position in general internet search”. The fine imposed to Google is the biggest of all times. The decision also opens the door to civil actions under which affected parties may claim compensation for damages incurred due to Google’s abusive conduct.

In Turkey, the authority to initiate dumping or subsidy examinations, upon complaint or, where necessary, ex officio, is given to the Ministry of Economy (“Ministry”). Within the scope of this authority, the Ministry announces its decisions with the communiqués published on the Official Gazette.

By publishing its reasoned decision1 on the preliminary inquiry against Duru Bulgur Gida San. ve Tic. A.S. (“DURU”), the Turkish Competition Authority (“TCA”) has added a new one to its decisions which include effect analysis of resale price maintenance (“RPM”) practices.

Cakmak in cooperation with White & Case has advised ERG Otoyol Yatirim ve Isletme A.S. on a loan of approximately EUR 1.1. billion meant for the Ankara-Nigde Motorway Project from Credit Suisse AG, Turkiye Is Bankasi A.S., Turkiye Vakiflar Bankasi A.S., Yapi ve Kredi Bankasi A.S., and the Kuwait Turkish Participation Bank Inc.

The Turkish Competition Board (the “Board”) has recently published its reasoned decision  with respect to its ex officio preliminary investigation on (i) the validity of the non-compete obligation in the articles of association (“AoA”) of a joint venture company, namely WKS Istanbul Tekstil Kalite Kontrol Hiz. Ltd. Şti. (“WKS Istanbul”), which is active in quality control of textiles and (ii) the parties’ request for negative clearance of the relevant non-compete obligation.