The prevalent use of ‘‘most favored nation'' (MFN) clauses in commercial agreements has garnered significant attention in the economics and legal literature and by practitioners and enforcement agencies. From an antitrust standpoint, there is a strong consensus that while MFN provisions can...

Competitor agreement not to solicit or hire each other's employees as well as agreements among competitors to poach a rival entity's key employees could be deemed as a violation of competition law principles (and in some jurisdictions, public policy doctrines).European and US jurisprudence shows...

The increasing use of sector inquiries by competition agencies, including the Turkish Competition Authority, is a result of the fact that sector inquiries reveal the competitive dynamics of a given sector much better than the traditional competition law enforcement means. Pursuant to its...

A number of issues arise with regard to competition law and data protection, in particular in the online services context. For one, the relationship between competition law and privacy is yet to be fully understood and we discuss below the aspects of this conundrum: first, we look into the issue...

Turkish Abstract: Rekabet Kurulu (“Kurul”) yeniden satış fiyatı tespitine ilişkin almış olduğu ilk kararlardaki “per se” ihlal yaklaşımını bir süre sonra bırakarak “rule of reason” analizine daha yakın bir analiz uygulamıştır. Ancak 2011 yılı ortalarında Anadolu...

The intersection of competition law and labor market has long been a controversial topic. As antitrust decisional practice shows a historical evolvement to a deeper scrutiny of anti competitive practices in the labor market, the recent developments indicate that it is no longer a debate that...

Corruption is a threat to the individual, the company executive, the company's reputation and its shareholders and to international trade and commerce generally. The publication of the Foreign Corrupt Practices Act Guidelines has once ignited the debate surrounding proper or improper conduct of...

Nowadays one of the more commonly used types of advertisement is through the use of influencers by brands on social media. There is no doubt about social media's – and therefore the influencers' – potential to reach a wide range of global consumers. Accordingly, such reach makes this global,...

Turkish Abstract: Bu karar incelemesi “B. B.” adlı sinema filminin (“Eser”) yapımcısı ("Davacı") ile davalı arasında eserin işleme, çoğaltma, umuma iletim haklarının davalıya devri ve temlikine ilişkin olarak imzalanan Yayın Hakkı Lisans Sözleşmesi (“Sözleşme”)...

On 27 and 28 June 2014, almost exactly one year after having enacted a brand new regime governing electronic money, the Turkish legislator has issued the secondary legislation completing this new legal regime and published it in the Official Gazette. The secondary legislation mainly includes the...