Gönenç Gürkaynak
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Provided by Gönenç Gürkaynak
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Dr. Gönenç Gürkaynak is the founding partner of ELIG Gürkaynak Attorneys-at-Law, a leading law firm of 95 lawyers based in Istanbul, Turkey. Dr. Gürkaynak graduated from Ankara University, Faculty of Law in 1997. Dr. Gürkaynak received his LL.M. degree from Harvard Law School, and he has received his Doctor of Philosophy in Law (PhD) degree from University College London (UCL) Faculty of Laws. His Bar memberships are as follows: Istanbul Bar, 1997; American Bar Association, 2001; New York Bar, 2001 (currently non-practising; registered); Brussels Bar, 2003 - 2004 (B List; not maintained); Member of the Law Society of England & Wales, 2004 (currently non-practising; registered).
Before founding ELIG Gürkaynak Attorneys-at-Law in 2005, Dr. Gürkaynak worked as an attorney at the Istanbul, New York and Brussels offices of a global law firm for more than eight years.
Dr. Gürkaynak heads the competition law and regulatory department of ELIG Gürkaynak Attorneys-at-Law, which currently consists of 56 lawyers. He has unparalleled experience in Turkish competition law counseling issues with more than 25 years of competition law experience, starting with the establishment of the Turkish Competition Authority.
Dr. Gürkaynak frequently speaks at conferences and symposia on competition law matters. He has published more than 200 articles in English and Turkish by various international and local publishers.
Contributions
2 Contributions provided by ELIG Gürkaynak Attorneys-at-Law
The general counsel's comprehensive guide | Turkey
The general counsel's comprehensive guide | Turkey
The general counsel's comprehensive guide | Turkey
The general counsel's comprehensive guide | Turkey
Articles, highlights and press releases
91 items provided by ELIG Gürkaynak Attorneys-at-Law
TCA Fines an Association of Undertaking for Obstruction of On-Site Inspection by One of its Members
Turkish Competition Board Holds an Association of Undertaking Responsible for Obstruction of On-Site Inspection by One of its Members
Time to Negotiate: Delving Into “De Minimis” and “Basket” Clauses of Share Purchase Agreements
This article aims to provide an overview of the general liability framework in share deals (i.e. share transfers) in terms of the seller under Turkish laws along with M&A practice in Turkey, and the main function of “de minimis” and “basket” clauses in SPA.
Self-Preferencing in Turkey: The Trendyol Decision
The Turkish Competition Board imposed an administrative monetary fine of TL 61,342,847.73 (approx. EUR 2,000,000) on Turkey’s largest e-marketplace, DSM Grup Danışmanlık İletişim ve Satış Ticaret A.Ş. (Trendyol) on July 27, 2023, on the grounds that Trendyol abused its dominant position
Turkish Competition Board Prohibited Exclusive Use of Ad Spaces by Online Betting Platform
In July 2022, the Turkish Competition Board initiated an investigation against Nesine to determine whether the exclusive Advertisement Sales Services Agreement between Nesine and Maçkolik would result in abuse of Nesine’s dominant position.
Significant Changes Introduced to the Geographical Data License Regulation
The Regulation Amending the Geographical Data License Regulation is published in the Official Gazette of March 31, 2023 and has brought significant changes to the legal framework on geographical data including different types of licenses along with the obligations of licensees.
Mandatory Mediation in Actions for Determination and Cessation of Unfair Competition
Mandatory Mediation in Actions for Determination and Cessation of Unfair Competition in the Light of High Court of Appeals Precedent
The DPA Decision Allowing Employers to Monitor, Access and Store Employees’ Corporate E-Mails
The Turkish Personal Data Protection Authority published a summarized version of the Board’s decision regarding "processing of personal data by the data controller by monitoring, accessing and storing the contents of the corporate e-mail address allocated to its employees".
What Has Changed After the Significant Amendments in the Law No. 1512 on Public Notary?
Real Estate Sales Agreements: What Has Changed After the Significant Amendments in the Law No. 1512 on Public Notary?
Türkiye’s New Electronic Commerce Amendments: Compliance Steps to Follow
The Law No. 7416 on Amendment of the Law on Regulation of Electronic Commerce, published in the Official Gazette of July 7, 2022 , introduces new obligations for e-commerce intermediary service providers and e-commerce service providers.
The Turkish Competition Board's Approach Towards The Full-Functionality Of JVs Takes A Turn
The Turkish Competition Board's Approach Towards The Full-Functionality Of JVs Takes A Turn With Its Latest Decision Concerning The Acquisition Of Sewing Machine Business Of Melco
Turkey: Digitalization In Turkish Corporate Law Practice
In this article, we will evaluate the current developments in digitalization in corporate law practice and explain significant points that should be taken into consideration for efficiency.
Turkey: Dividend Right Certificates
Turkish Commercial Code No. 6102 sets forth that general assembly of shareholders of a joint stock company may decide to issue dividend right certificates in favor of the owners, creditors or those related to the company for a similar reason.
The Unstoppable Rise of Fintech and the Competing Efforts of Authorities to Catch Up:
On December 9, 2021, the Turkish Competition Authority (“Authority”) published its report entitled “Analysis Report on the Financial Technologies in Payment Services”.
Turkey: Means to Acquire a Target
Although it is the first thing that comes into mind, share acquisition is not the only way to acquire a target. Turkish laws allow acquisitions to be completed through a number of other methods such as asset acquisitions, business acquisitions and merger, depending on preference of the buyer.
Law Proposal Amending Turkish Internet Law
A new law proposal amending certain provisions of Law No. 5651 on Regulation of Broadcasts via Internet and Prevention of Crimes Committed through Such Broadcast and Turkish Criminal Code is submitted before the relevant commissions of Grand National Assembly of Turkey (“TBMM”).
Turkey: Independent Board Members
Corporate governance principles are essential in order to protect benefits of minority shareholders and investors. Appointment of independent members is one of the most important elements that ensure proper implementation of the corporate governance principles.
Turkey: How to Change Company Type
Companies, for various reasons such as tax benefits, liabilities and as may be required by authorities, may decide to change their legal types. Turkish corporate law allows companies to change their types in accordance with Article 181 of the Turkish Commercial Code No. 6102 (the "TCC").
Turkish Data Protection Authority’s Draft Guidelines on Cookies
The Turkish Data Protection Authority (“DPA”) has published Draft Guidelines on Cookies (“the Draft Guidelines”) on January 11, 2022, providing explanations on cookies and practical advices for data controllers who process personal data through the use of cookies.
The Turkish Competition Board's Allergan Decision
The Turkish Competition Board (“Board”) has recently assessed the allegations that Allergan İlaçları Ticaret A.Ş. (“Allergan”) engaged in discriminatory conduct and abused its dominant position by way of refusal to supply in its preliminary investigation decision.
Possibility of An Advertisement Ban Negating the Protection Granted to Honest Use of Trademarks
The Advertisement Board rendered an advertisement ban decision and concluded that the use of registered trademarks on a business sign without a contractual relationship with the proprietor of displayed trademarks is an unfair commercial practice.
Turkey: Unauthorized Capital Market Activities
Capital market activities as defined under Article 34 of the Capital Markets Law No. 6362 (the “CML”) are activities of capital market institutions falling within the scope of CML, investment services and activities and other ancillary services falling within the scope of the CML.
Turkey: Power of Privileged Shares
In terms of Turkish corporate law perspective, different types of privileges may be granted to certain shares during drafting the articles of association while a joint-stock company is being established or by way of amending articles of association of an already established joint-stock company.
Has the Competition Board Chosen its Legislative Side Regarding the Liability of Facilitators?
Cartel facilitators are viewed as possible instruments for undertakings to disguise their restrictive agreements and to get around competition law obligations. The approach that enables third parties to be held liable as “cartel facilitators” under the EU competition law dates back to the 1980s.
2021 FCPA Enforcement Actions and Highlights
So far, 2021 has seen less activity in terms of enforcement actions under the Foreign Corrupt Practices Act (“FCPA”), compared to 2020.
Key Promotions in the Competition Law Practice Group of ELIG Gürkaynak Attorneys-at-Law
ELIG Gürkaynak Attorneys-at-Law is proud to announce that Ms. Eda Duru and Mr. O. Onur Özgümüş have been promoted to Partner and Ms. Betül Baş, Ms. Sinem Uğur, Ms. Berfu Akgün, Mr. Kağan Uçar and Mr. Görkem Yardım have been promoted to Counsel as of January 1, 2022.
Turkey: Managing Public Companies & Corporate Governance Principles
Corporate governance principles are set of rules and practices introduced as preventive measures pursuant to corruptions and bankruptcies of publicly held companies occurred in 1980s, for protection of companies, shareholders and stakeholders and to avoid conflicts of interest.
The Data Subject’s Burden of Proof in Establishing the Harm Suffered and Claiming Compensation
Turkish Constitutional Court has issued a landmark decision on the Individual Application with application number 2018/14040 dated June 30, 2021 (“the Decision”) wherein it laid out procedurally valid options for introducing liability actions against data controllers.
Turkish Data Protection Authority’s Approach in the Field of Artificial Intelligence
On September 15, 2021, the Turkish Data Protection Authority (“DPA”) published its Recommendation on the Protection of Personal Data in the Field of Artificial Intelligence (“Recommendation”) on its website.
Turkish Healthcare Agency Publishes Draft Regulation on Licensing of Homeopathic Medical Products
The Turkish Medicines and Medical Devices Agency (“Agency”) published the Draft Regulation on Licensing of Homeopathic Medical Products (“Draft Regulation”) on September 9, 2021, by expressing that the works and studies on the Draft Regulation are still ongoing.
Former Competition Expert / Rapporteur of the Turkish Competition Authority joins ELIG Gürkaynak
Ms. Çiğdem Gizem Okkaoğlu; Former Competition Expert / Rapporteur of the Turkish Competition Authority; joins ELIG Gürkaynak Attorneys-at-Law.
TCA Fines an Association of Undertaking for Obstruction of On-Site Inspection by One of its Members
Turkish Competition Board Holds an Association of Undertaking Responsible for Obstruction of On-Site Inspection by One of its Members
Time to Negotiate: Delving Into “De Minimis” and “Basket” Clauses of Share Purchase Agreements
This article aims to provide an overview of the general liability framework in share deals (i.e. share transfers) in terms of the seller under Turkish laws along with M&A practice in Turkey, and the main function of “de minimis” and “basket” clauses in SPA.
Self-Preferencing in Turkey: The Trendyol Decision
The Turkish Competition Board imposed an administrative monetary fine of TL 61,342,847.73 (approx. EUR 2,000,000) on Turkey’s largest e-marketplace, DSM Grup Danışmanlık İletişim ve Satış Ticaret A.Ş. (Trendyol) on July 27, 2023, on the grounds that Trendyol abused its dominant position
Turkish Competition Board Prohibited Exclusive Use of Ad Spaces by Online Betting Platform
In July 2022, the Turkish Competition Board initiated an investigation against Nesine to determine whether the exclusive Advertisement Sales Services Agreement between Nesine and Maçkolik would result in abuse of Nesine’s dominant position.
Significant Changes Introduced to the Geographical Data License Regulation
The Regulation Amending the Geographical Data License Regulation is published in the Official Gazette of March 31, 2023 and has brought significant changes to the legal framework on geographical data including different types of licenses along with the obligations of licensees.
Mandatory Mediation in Actions for Determination and Cessation of Unfair Competition
Mandatory Mediation in Actions for Determination and Cessation of Unfair Competition in the Light of High Court of Appeals Precedent
The DPA Decision Allowing Employers to Monitor, Access and Store Employees’ Corporate E-Mails
The Turkish Personal Data Protection Authority published a summarized version of the Board’s decision regarding "processing of personal data by the data controller by monitoring, accessing and storing the contents of the corporate e-mail address allocated to its employees".
What Has Changed After the Significant Amendments in the Law No. 1512 on Public Notary?
Real Estate Sales Agreements: What Has Changed After the Significant Amendments in the Law No. 1512 on Public Notary?
Türkiye’s New Electronic Commerce Amendments: Compliance Steps to Follow
The Law No. 7416 on Amendment of the Law on Regulation of Electronic Commerce, published in the Official Gazette of July 7, 2022 , introduces new obligations for e-commerce intermediary service providers and e-commerce service providers.
The Turkish Competition Board's Approach Towards The Full-Functionality Of JVs Takes A Turn
The Turkish Competition Board's Approach Towards The Full-Functionality Of JVs Takes A Turn With Its Latest Decision Concerning The Acquisition Of Sewing Machine Business Of Melco
Turkey: Digitalization In Turkish Corporate Law Practice
In this article, we will evaluate the current developments in digitalization in corporate law practice and explain significant points that should be taken into consideration for efficiency.
Turkey: Dividend Right Certificates
Turkish Commercial Code No. 6102 sets forth that general assembly of shareholders of a joint stock company may decide to issue dividend right certificates in favor of the owners, creditors or those related to the company for a similar reason.
The Unstoppable Rise of Fintech and the Competing Efforts of Authorities to Catch Up:
On December 9, 2021, the Turkish Competition Authority (“Authority”) published its report entitled “Analysis Report on the Financial Technologies in Payment Services”.
Turkey: Means to Acquire a Target
Although it is the first thing that comes into mind, share acquisition is not the only way to acquire a target. Turkish laws allow acquisitions to be completed through a number of other methods such as asset acquisitions, business acquisitions and merger, depending on preference of the buyer.
Law Proposal Amending Turkish Internet Law
A new law proposal amending certain provisions of Law No. 5651 on Regulation of Broadcasts via Internet and Prevention of Crimes Committed through Such Broadcast and Turkish Criminal Code is submitted before the relevant commissions of Grand National Assembly of Turkey (“TBMM”).
Turkey: Independent Board Members
Corporate governance principles are essential in order to protect benefits of minority shareholders and investors. Appointment of independent members is one of the most important elements that ensure proper implementation of the corporate governance principles.
Turkey: How to Change Company Type
Companies, for various reasons such as tax benefits, liabilities and as may be required by authorities, may decide to change their legal types. Turkish corporate law allows companies to change their types in accordance with Article 181 of the Turkish Commercial Code No. 6102 (the "TCC").
Turkish Data Protection Authority’s Draft Guidelines on Cookies
The Turkish Data Protection Authority (“DPA”) has published Draft Guidelines on Cookies (“the Draft Guidelines”) on January 11, 2022, providing explanations on cookies and practical advices for data controllers who process personal data through the use of cookies.
The Turkish Competition Board's Allergan Decision
The Turkish Competition Board (“Board”) has recently assessed the allegations that Allergan İlaçları Ticaret A.Ş. (“Allergan”) engaged in discriminatory conduct and abused its dominant position by way of refusal to supply in its preliminary investigation decision.
Possibility of An Advertisement Ban Negating the Protection Granted to Honest Use of Trademarks
The Advertisement Board rendered an advertisement ban decision and concluded that the use of registered trademarks on a business sign without a contractual relationship with the proprietor of displayed trademarks is an unfair commercial practice.
Turkey: Unauthorized Capital Market Activities
Capital market activities as defined under Article 34 of the Capital Markets Law No. 6362 (the “CML”) are activities of capital market institutions falling within the scope of CML, investment services and activities and other ancillary services falling within the scope of the CML.
Turkey: Power of Privileged Shares
In terms of Turkish corporate law perspective, different types of privileges may be granted to certain shares during drafting the articles of association while a joint-stock company is being established or by way of amending articles of association of an already established joint-stock company.
Has the Competition Board Chosen its Legislative Side Regarding the Liability of Facilitators?
Cartel facilitators are viewed as possible instruments for undertakings to disguise their restrictive agreements and to get around competition law obligations. The approach that enables third parties to be held liable as “cartel facilitators” under the EU competition law dates back to the 1980s.
2021 FCPA Enforcement Actions and Highlights
So far, 2021 has seen less activity in terms of enforcement actions under the Foreign Corrupt Practices Act (“FCPA”), compared to 2020.
Key Promotions in the Competition Law Practice Group of ELIG Gürkaynak Attorneys-at-Law
ELIG Gürkaynak Attorneys-at-Law is proud to announce that Ms. Eda Duru and Mr. O. Onur Özgümüş have been promoted to Partner and Ms. Betül Baş, Ms. Sinem Uğur, Ms. Berfu Akgün, Mr. Kağan Uçar and Mr. Görkem Yardım have been promoted to Counsel as of January 1, 2022.
Turkey: Managing Public Companies & Corporate Governance Principles
Corporate governance principles are set of rules and practices introduced as preventive measures pursuant to corruptions and bankruptcies of publicly held companies occurred in 1980s, for protection of companies, shareholders and stakeholders and to avoid conflicts of interest.
The Data Subject’s Burden of Proof in Establishing the Harm Suffered and Claiming Compensation
Turkish Constitutional Court has issued a landmark decision on the Individual Application with application number 2018/14040 dated June 30, 2021 (“the Decision”) wherein it laid out procedurally valid options for introducing liability actions against data controllers.
Turkish Data Protection Authority’s Approach in the Field of Artificial Intelligence
On September 15, 2021, the Turkish Data Protection Authority (“DPA”) published its Recommendation on the Protection of Personal Data in the Field of Artificial Intelligence (“Recommendation”) on its website.
Turkish Healthcare Agency Publishes Draft Regulation on Licensing of Homeopathic Medical Products
The Turkish Medicines and Medical Devices Agency (“Agency”) published the Draft Regulation on Licensing of Homeopathic Medical Products (“Draft Regulation”) on September 9, 2021, by expressing that the works and studies on the Draft Regulation are still ongoing.
Former Competition Expert / Rapporteur of the Turkish Competition Authority joins ELIG Gürkaynak
Ms. Çiğdem Gizem Okkaoğlu; Former Competition Expert / Rapporteur of the Turkish Competition Authority; joins ELIG Gürkaynak Attorneys-at-Law.