ANNOUNCEMENTS

Turkish Competition Board (the “Board”) concluded the investigation about Meta Platforms Inc. (previous title Facebook Inc.), Meta Platforms Ireland Limited (previous title Facebook Ireland Limited), WhatsApp LLC and Madoka Turkey Bilişim Hizmetleri Ltd. Şti. and the Board determined that Meta Platforms Inc. has violated article 6 of the Act Nr. 4054 and fined Meta 346.717.193,40 Turkish Liras for abusing its dominant position in the social media and online advertising markets by collecting personal data through its own “Facebook, Instagram and WhatsApp” services, thereby obstructing the activities of its competitors and created barriers to entry into the market.

You may find the announcement through the link below (in Turkish).

Meta Decision of Turkish Competition Board

The Regulation Amending Regulation on Fines to Apply in Cases of Agreements, Concerted Practices and Decisions Limiting Competition, and Abuse of Dominant Position entered into force through publication in the Official Gazette dated 15.06.2022 and numbered 31867. With the amendment, the definition and content of the term that is called “annual gross revenue” which is a determinative for the Turkish Competition Board (the “Board”) about the fines that are given by the Board to the undertakings (enterprise) has expanded. The previous regulation identified the “annual gross revenue” as “the net sales in the uniform account plan, or if this cannot be calculated, the revenue closest to the net sales, which is to be determined by the Board”. The new regulation includes not only the definition in the previous regulation, but also the real operating incomes of the undertakings that are accounted under the account items which are not taken account in the calculation of the net sales, such as ordinary incomes or profits from their other activities.

PUBLICATIONS

The “Public Announcement on Technical and Administrative Measures Recommended to be Taken by Data Controllers Regarding User Security” was published on the website of the Personal Data Protection Authority (“Authority”) on February 15, 2022. You may find our publication regarding the announcement from the link below.

KK Hukuk_User Security_Recommendations_Information Note

The Constitutional Court’s (“AYM”) decision numbered 2016/5824 (“Decision”) regarding the employer’s prohibition of discrimination and right to respect for private and family life, which employer fails to provide equal daycare facilities to the certain female workers in the same workplace has published in the numbered 31732, dated 27 January 2022 the Official Gazette. You may find our publication regarding the decision from the link below.

KK Hukuk_AYM_Prohibition of Discrimination_Decision_Information Note

ABOUT US

Founded in 1998 by Dr. Tennur Koyuncuoğlu and reorganized in 2005, Koyuncuoğlu & Köksal is a boutique law firm especially practicing in business law including corporate and commercial law, competition law, commercial litigation, labor law, data protection, project finance and mergers & acquisitions.

Halide Edip Adıvar Mah. Darülaceze Cad. Akın Plaza No.3 Kat 5 Şişli, İstanbul

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