The Banking Case – What Is the Extent of Turkish Competition Authority’s Powers for Requesting Information from Undertakings?
03
April2024, Wednesday
The "Banking Case" of 2020 sparked important discussions on the scope and limits of the extensive investigative powers the Turkish Competition Authority (TCA) enjoys under the Act No. 4054 on the Protection of Competition. While initially probing potential competition law violations, which were eventually dismissed, the preliminary inquiry garnered attention for the TCA's broad interpretation of its authority to request information from entities...
Obligations Imposed on Companies to Protect of the Environment with the Proposal for a EU Directive on Corporate Sustainability Due Diligence
21
February2024, Wednesday
Climate change, which has become one of the most important environmental problems today, has started to be discussed within the framework of corporate law discipline in recent years. In this context, two important Directives have been prepared by the European Union for the purpose of reducing and preventing the environmental impacts of companies...
The European Investment Bank Complaints Mechanism as an Accountability Mechanism
31
January2024, Wednesday
The infrastructure projects, funded by multilateral development banks (MDBs) to contribute to the development of the countries, sometimes cause negative externalities on the social lives of people and/or the environment. Such externalities led to calls for accountability of MDBs. Consequently, they adopted substantive and procedural norms and subjected themselves to take into consideration the social and environmental concerns...
Competitive Concerns Arising from MFC Applications and Their Impacts on Online Commerce
24
January2024, Wednesday
In today's rapidly growing online commerce sector, facilitated through electronic marketplaces, websites, and platforms, competition law issues are becoming increasingly intriguing, especially with practices like the best price guarantee. The Most Favored Customer (MFC) clause has become an indispensable part of online commerce. How extensively do competition authorities intervene in MFC clause practices?..
Protection of Trademarks in Private International Law
03
January2024, Wednesday
This study aims to offer new answers to questions regarding cross-border trademark infringements from a private international law perspective, and examines in particular, how to determine the applicable law and the international jurisdiction of the courts...
The Legal Proceedings Affecting the Whole of the Commercial Enterprise’s Assets
20
December2023, Wednesday
Business enterprises are considered as a whole. The legislator enables commercial businesses to be treated as independent entities in transfers and other legal procedures...
Tort Liability in Multinational Corporate Groups: A Comparative Analysis with Particular Focus on Turkey
08
November2023, Wednesday
Multinational enterprises (MNEs) are important actors in today’s global economy, with the power to impact the masses through their activities. National legal systems remain insufficient to regulate the activities of MNEs, which operate worldwide, not only in the countries where the parent companies reside (home country), but also in countries where the subsidiaries operate (host countries).
Crowdfunding is a financing method that enables persons to obtain funds for a project via internet, by collecting small amounts from a relatively large number of individuals, without traditional intermediaries (such as banks) for profit, cultural or social purposes...
Regulation of Digital Markets from Competition Policy Perspective: E-Commerce Law and Draft Amendment of Turkish Competition Act
18
October2023, Wednesday
The increased importance of digital platforms for society and the ability of large digital platforms to cause considerable harm to consumers and businesses, thereby harm innovation, put pressure on the lawmakers to regulate the competition problems associated with digital markets...
An Examination of Distributed Ledger Technology Based Negotiable Instruments Regulations in Switzerland
27
September2023, Wednesday
The Swiss DLT Law, along with its implementing regulations, came into effect in 2021. Its aim is to establish a legal framework for DLT for the transfer of rights through this technology. Rather than creating an entirely new law for DLT, it was deemed sufficient to amend existing laws, making them compatible with DLT, based on the belief that current regulations are adequate...
Related Party Transactions in Joint Stock Companies
13
September2023, Wednesday
Special regulations regarding related party transactions aim to prevent transfer of the corporate assets to related parties, and thus, prevent exploitation of all the stakeholders of the company by the controlling shareholder(s) and manager(s).
Insurance of Members of the Board of Directors Who Are Not Shareholders in Joint Stock Companies
02
August2023, Wednesday
The insurance status of board members of the joint stock company is regulated by the Social Insurance and Insurance and General Health Insurance Law No. 5510...
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