Recent Keynotes of October 2022
International Agreements
- The Resolution of the President dated 26.09.2022 and numbered 6090 on the Approval of the Annexed Amendment Protocol signed by the Exchange of Letters dated 12.08.2022 and 31.08.2022 between the Government of the Republic of Turkey and the European Commission on the Amendment to the Financing Agreement on the Annual Action Programme for Turkey under the Instrument for Pre-Accession Assistance (IPA II) for the year 2015 was published in the Official Gazette dated 27.09.2022 and numbered 31966.
- The Resolution of the President dated 26.09.2022 and numbered 6091 on the Approval of the Annexed Amendment Protocol signed by the Exchange of Letters dated 14.07.2022 and 05.08.2022 between the Government of the Republic of Turkey and the European Commission on the Amendment to the Financing Agreement on the Annual Action Programme for Turkey under the Instrument for Pre-Accession Assistance (IPA II) for the year 2016 was published in the Official Gazette dated 27.9.2022 and numbered 31966.
- The Resolution of the President dated 19.10.2022 and numbered 6238 on the Approval of the Memorandum of Understanding on Cooperation in the Field of Energy between the Government of the Republic of Turkey and the Government of the Federal Republic of Nigeria was published in the Official Gazette dated 20.10.2022 and numbered 31989.
Resolutions of the President
- The Resolution of the President dated 01.10.2022 and numbered 6143 on the Amendment to the Resolution on the Interest Support to be Provided for the Loans to be Used by the Beneficiaries from Banks within the Scope of Law No. 6306 was published in the Official Gazette dated 02.10.2022 and numbered 31971.
- The Resolution of the President dated 07.10.2022 and numbered 6189 on the Reinsurance Support to be Committed by the State to the State Sponsored Trade Claim Insurance System was published in the Official Gazette dated 08.10.2022 and numbered 31977. This Resolution enters into force on the date of its publication, effective as of 01.04.2022.
- The Resolution of the President dated 11.10.2022 and numbered 6207 on the Amendment to the Resolution on the Pricing of Medicinal Products for Human Use entered into force through publication in the Official Gazette dated 12.10.2022 and numbered 31981.
- The Resolution of the President dated 19.10.2022 and numbered 6241 on the Amendment to the Import Regime Resolution was published in the Official Gazette dated 20.10.2022 and numbered 31989. This Resolution enters into force on the 7th day following the date of publication.
Legislation
- The Communiqué on Prevention of Unfair Competition in Imports (No: 2022/23) entered into force through publication in the Official Gazette dated 21.09.2022 and numbered 31960.
- The Communiqué (Serial No: 541) on the Amendment to the General Communiqué on Tax Procedure Law (Serial No: 529) was published in the Official Gazette dated 23.09.2022 and numbered 31962. This Communiqué enters into force at the beginning of the month following the date of publication.
- The Regulation on the Amendment to the Liquefied Petroleum Gases (LPG) Market Licenses Regulation entered into force through publication in the Official Gazette dated 20.09.2022 and numbered 31959.
- The Regulation on Consumer Arbitration Committees was published in the Official Gazette dated 21.09.2022 and numbered 31960. The provisions of this Regulation enter into force on different dates.
- The Regulation on the Amendment to the Regulation on Housing Finance Contracts was published in the Official Gazette dated 23.09.2022 and numbered 31962. The provisions of this Regulation enter into force on different dates.
- The Regulation on the Amendment to the Regulation on Consumer Credit Contracts was published in the Official Gazette dated 23.09.2022 and numbered 31962. The provisions of this Regulation enter into force on different dates.
- The Regulation on the Amendment to the Natural Gas Market Licenses Regulation entered into force through publication in the Official Gazette dated 23.09.2022 and numbered 31962.
- The Regulation on the Amendment to the Regulation on the Procedures and Principles regarding the Inspections and Preliminary Research and Investigations in the Petroleum Market entered into force through publication in the Official Gazette dated 23.09.2022 and numbered 31962.
- The Communiqué (Number: 2022/26) on the Amendment to the Communiqué on the Procedures and Principles Regarding the Fees to be Charged by Banks to Commercial Customers (Number: 2020/4) entered into force through publication in the Official Gazette dated 23.09.2022 and numbered 31962.
- The Regulation on the Amendment to the Regulation on the Licensing of Medicinal Products for Human Use entered into force through publication in the Official Gazette dated 24.09.2022 and numbered 31963.
- The Regulation on the Amendment to the Regulation on Clinical Investigations of Pharmaceuticals and Biological Products entered into force through publication in the Official Gazette dated 24.09.2022 and numbered 31963.
- The Communiqué on the Expense Advance Tariff of the Code of Civil Procedure was published in the Official Gazette dated 30.09.2022 and numbered 31969. This Tariff enters into force on 01.10.2022.
- The Communiqué on the Arbitrator Fee Tariff of the Code of Civil Procedure was published in the Official Gazette dated 30.09.2022 and numbered 31969. This Tariff enters into force on 01.10.2022.
- The Communiqué on the Witness Fee Tariff of the Code of Civil Procedure was published in the Official Gazette dated 30.09.2022 and numbered 31969. This Tariff enters into force on 01.10.2022.
- The Communiqué on the Amendment to the Communiqué on the Implementation of Surveillance in Imports (Communiqué No: 2007/1) entered into force through publication in the Official Gazette dated 30.09.2022 and numbered 31969.
- The Communiqué on the Amendment to the Communiqué on Encouragement of Conversion to Turkish Lira Deposit and Participation Accounts (No. 2021/14) (No. 2022/27) entered into force through publication in the Official Gazette dated 30.09.2022 and numbered 31969.
- The Regulation on the Amendment to the Regulation on Unlicensed Electricity Generation in the Electricity Market entered into force through publication in the Official Gazette dated 01.10.2022 and numbered 31970.
- The Communiqué (2022/1) on the Amendment to the Communiqué (2019/1) on the Implementation of the Decision on Granting Project-Based State Aid for Investments entered into force through publication in the Official Gazette dated 01.10.2022 and numbered 31970.
- The Regulation on the Amendment to the Regulation on Professional Associations in the Field of Copyrights entered into force through publication in the Official Gazette dated 02.10.2022 and numbered 31971.
- The 2023 Minimum Fee Tariff for Mediation entered into force through publication in the Official Gazette dated 04.10.2022 and numbered 31973.
- The Communiqué on the Amendment to the Communiqué on the Implementation of Surveillance in Imports (Communiqué No: 2015/3) was published in the Official Gazette dated 04.10.2022 and numbered 31973 and entered into force on the date of publication effective as of 27.08.2022.
- The Regulation on the Amendment to the Regulation on the Implementation of Law No. 6550 on the Support of Research Infrastructure entered into force through publication in the Official Gazette dated 05.10.2022 and numbered 31974.
- The Regulation on the Implementation of Additional Article 7 of the Zoning Law entered into force through publication in the Official Gazette dated 05.10.2022 and numbered 31974.
- The Communiqué on Prevention of Unfair Competition in Imports (No: 2022/24) entered into force through publication in the Official Gazette dated 05.10.2022 and numbered 31974.
- The Regulation on Private Healthcare Institutions Providing Oral and Dental Health Services entered into force through publication in the Official Gazette dated 06.10.2022 and numbered 31975.
- The Regulation on the Amendment to the Regulation on Private Healthcare Institutions Providing Outpatient Diagnosis and Treatment entered into force through publication in the Official Gazette dated 06.10.2022 and numbered 31975.
- The Regulation on the Amendment to the Regulation on Private Hospitals entered into force through publication in the Official Gazette dated 06.10.2022 and numbered 31975.
- The Communiqué on Prevention of Unfair Competition in Imports (No: 2022/25) entered into force through its publication in the Official Gazette dated 08.10.2022 and numbered 31977.
- The Communiqué on Prevention of Unfair Competition in Imports (No: 2022/26) entered into force through its publication in the Official Gazette dated 08.10.2022 and numbered 31977.
- The General Communiqué on Expenditure Taxes (Serial No: 92) entered into force through publication in the Official Gazette dated 11.10.2022 and numbered 31980.
- The Communiqué on Prevention of Unfair Competition in Imports (No: 2022/30) entered into force through publication in the Official Gazette dated 12.10.2022 and numbered 31981.
- The Communiqué on the Decision of the Privatization Administration dated 11.10.2022 and numbered 2022/ÖİB-K-67 was published in the Official Gazette dated 12.10.2022 and numbered 31981.
- Law 7418 on the Amendment to the Press Law and Certain Other Laws was published in the Official Gazette dated 18.10.2022 and numbered 31987. The provisions of this Law enter into force on different dates.
- The Regulation on the Collection, Storage and Sharing of Insurance Data entered into force through publication in the Official Gazette dated 18.10.2022 and numbered 31987.
- The Communiqué on Prevention of Unfair Competition in Imports (No: 2022/28) entered into force through publication in the Official Gazette dated 18.10.2022 and numbered 31987.
- The Decisions of the Privatization Administration dated 17.10.2022 and numbered 2022/ÖİB-K-68 and 69 were published in the Official Gazette dated 18.10.2022 and numbered 31987.
- The Communiqué on the Amendment to the Communiqué on Securities Registration (No: 2022/28) was published in the Official Gazette dated 18.10.2022 and numbered 31987. The provisions of this Communiqué enter into force on different dates.
- The Communiqué on Safeguard Measures in Imports (No: 2022/3) entered into force through publication in the Official Gazette dated 19.10.2022 and numbered 31988.
Competition Board Decisions
- The Competition Board (“Board”) granted an individual exemption for products with the trade names Levemir, Novomix, Novorapid, Novoseven, Ryzodeg, and GlucaGen. (22.9.2022, 22-43/633-264)
- The Board granted an individual exemption to the practices concerning the collection of certain information regarding the activities of the members of the Ceramic Sanitary Ware Manufacturers Association and the Ceramic Tile Manufacturers Association by an independent consultancy company and sharing it with participating members and the public pursuant to the board of directors’ decision taken by the Turkish Ceramics Federation. (22.9.2022, 22-43/638-268)
- The Board decided that the takeover transactions by bidders TKT Hayvancılık ve Tarım Ürünleri A.Ş. and Matlı Yem Sanayi ve Ticaret A.Ş. regarding the sale of Aynes Gıda Commercial and Economic Integrity by the Savings Deposit Insurance Fund Board is subject to authorization under Law No. 4054 and Communiqué No. 2013/2. Furthermore, they found that any takeover transaction by any bidder under the notification does not qualify as a transaction resulting in a significant reduction of effective competition under Article 7 of Law No. 4054 and that there was no objection to authorization for both bidders. (10.10.2022, 22-46/674-285)
Mergers and Acquisitions
- The Board authorized the acquisition by Celanese Corporation of the sole control over substantially all of the Mobility & Materials Business Unit of DuPont de Nemours Inc. (22.9.2022, 22-43/635-266)
- The Board authorized the acquisition of the joint control of Neovia Logistics Holdings Ltd. by Oaktree Capital Group, LLC, Ares Management Corporation and Vector Capital Management, LP. (22.9.2022, 22-43/636-267)
- The Board authorized the acquisition of the sole control of Peyman Kuruyemiş Gıda Aktariye Kimyevi Maddeler Tarım Ürünleri Sanayi ve Ticaret A.Ş. by İş Holding A.Ş. (29.9.2022, 22-44/643-269)
- The Board authorized the acquisition of the private pension portfolio of NN Hayat ve Emeklilik A.Ş. within the scope of the Auto Enrolment System by Fiba Emeklilik ve Hayat A.Ş. (29.9.2022, 22-44/647-279)
- The Board authorized the acquisition of the sole control of the securities of the High Temperature Solutions business line of Imerys S.A. by Platinum Equity, LLC through California Holding III Limited, a special purpose company under its indirect control (06.10.2022, 22-45/658-282)
- The Board decided that the acquisition of sole control of GfK SE by Advent International Corporation through AI PAVE Dutchco I B.V. is not subject to authorization. (06.10.2022, 22-45/665-BD)
- The Board decided that the acquisition of the sole control of Orica-Nitro Patlayıcı Maddeler Sanayi ve Ticaret A.Ş. by the Tosun Family through the acquisition of some of its shares by Asım Tosun, the current shareholder, is not subject to authorization. (06.10.2022, 22-45/673-BD)
- The Board authorized the acquisition of sole control of Sançim Bilecik Çimento Madencilik Beton Sanayi ve Ticaret A.Ş. by Mustafa Hakan Safi, Said Safi and Faruk Safi. (10.10.2022, 22-46/675-286).
- The Board decided that the acquisition of the joint control of Recytech S.A. by Glencore International AG is not subject to authorization (13.10.2022, 22-47/685-BD)
- The Board authorized the acquisition by NewCo, jointly controlled by ENI S.p.A. and SNAM S.p.A., of control over ENI S.p.A.'s activities related to the management of onshore and offshore pipelines allowing the import of Algerian natural gas from the Tunisian border to Mazara del Vallo in Sicily, Italy. (13.10.2022, 22-47/689-293)
- The Board authorized the acquisition of the joint control of Global Terminal Hizmetleri AŞ by Solas International Terminals through SITMED FZCO and by Transpet Petrolcülük ve Enerji AŞ through GTS INVESTMENTS B.V. (13.10.2022, 22-47/680-290)
- The Board authorized the acquisition of sole control of Gensenta İlaç Sanayi ve Ticaret AŞ by EİS Eczacıbaşı İlaç Sınai ve Finansal Yatırımlar Sanayi ve Ticaret AŞ (13.10.2022, 22-47/679-289).
- The Board authorized the acquisition of the joint control of Barikat İnternet Güvenliği Bilişim Ticaret AŞ by Re-Pie Portföy Yönetimi AŞ Turkcell Yeni Teknolojiler Girişim Sermayesi Yatırım Fonu. (13.10.2022, 22-47/677-288)
- The Board authorized the acquisition of sole control of Emükellef Teknoloji AŞ by Mikro Yazılımevi Yazılım Hizmetleri Bilgisayar San. ve Tic. AŞ, which is indirectly controlled by Turkish Private Equity Fund III. (13.10.2022, 22-47/676-287)
Energy
- The Decisions of the Energy Market Regulatory Authority (“EMRA”) dated 08.09.2022 and numbered 11184, 11185 entered into force through publication in the Official Gazette dated 20.09.2022 and numbered 31959.
- The Decisions of EMRA dated 15.09.2022 and numbered 11210, 11211, 11212, 11213, 11214, 11215, 11217, 11218, 11219, 11221, 11222, 11223, 11224 were published in the Official Gazette dated 20.09.2022 and numbered 31959. These decisions enter into force on the date of publication, effective as of 01.10.2022.
- The Decisions of EMRA dated 22.09.2022 and numbered 11245 and 11246 were published in the Official Gazette dated 24.09.2022 and numbered 31963. These Decisions enter into force on the date of publication, effective as of 01.10.2022.
- The Decisions of EMRA dated 29.09.2022 and numbered 11254, 11259, 11260, 11261, 11262, 11263, 11264, 11269, 11270, 11271, 11272, 11274 were published in the Official Gazette dated 30.09.2022 and numbered 31969. These Decisions enter into force on different dates.
- The Decisions of EMRA dated 06.10.2022 and numbered 11279, 11280 were published in the Official Gazette dated 08.10.2022 and numbered 31977.
- The Decisions of EMRA dated 13.10.2022 and numbered 11289, 11290, 11291, 11292, 11293, 11294, 11295, 11296 were published in the Official Gazette dated 15.10.2022 and numbered 31984. These Decisions enter into force on different dates.
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