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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, Turkiye. Dr. Gürkaynak graduated from Ankara University, Faculty of Law in 1997 and was called to the Istanbul Bar in 1998. 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. 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. In addition to his membership to the Istanbul Bar since 1998, he was admitted to the American Bar Association in 2002; New York Bar in 2002 (currently non-practising; registered); Brussels Bar in 2003 – 2004 (B List; not maintained); Law Society of England & Wales, 2004 (currently non-practising; registered).
Dr. Gürkaynak heads the competition law and regulatory department of ELIG Gürkaynak Attorneys-at-Law. He has unparalleled experience in Turkish competition law counselling issues with more than 25 years of competition law experience, starting with the establishment of the Turkish Competition Authority. Every year, Dr. Gürkaynak represents multinational companies and large domestic clients in more than 35 written and oral defences in investigations of the Turkish Competition Authority, about 15 antitrust appeal cases in the high administrative court and over 85 merger clearances of the Turkish Competition Authority, in addition to coordinating various worldwide merger notifications, drafting non-compete agreements and clauses, and preparing hundreds of legal memoranda concerning a wide array of Turkish and European Commission competition law topics.
In addition to his continuing private practice as an attorney, primarily through ELIG Gürkaynak Attorneys-at-Law in Istanbul/Turkiye, Dr. Gürkaynak is an Honorary Professor of Practice at UCL Faculty of Laws in London. In addition to his academic role at University College London, he also teaches competition law at Bilkent University Faculty of Law in Ankara/Turkiye since 2005, and he has taught competition law in more than 10 universities in Turkiye, in the EU, in the UK and in the US in the last 18 years.
Dr. Gürkaynak is also a Senior Research Fellow at the Center for Law, Economics & Society (CLES) at UCL Faculty of Laws in London.
Dr. Gürkaynak frequently speaks at international conferences and symposia on competition law matters. He has five books, and more than 80 academic articles published in refereed international law journals.
Chambers Review
Europe
Founding partner Gönenç Gürkaynak is highly esteemed for advising clients on a wide range of competition matters, including both high-profile merger clearances and behavioural investigations conducted by the Turkish Competition Authority. He is a favourite amongst clients from the technology and energy sectors.
Gönenç Gürkaynak acts for multinational technology clients and corporates on TMT matters. He handles data privacy matters, cloud computing and access bans.
Contributions
Latest contributions provided by Gönenç Gürkaynak
Strengths
Provided by Chambers
"Gönenç Gürkaynak gives practical and actionable advice on complex and nuanced issues."
"I always value and respect his academic proficiency and commercial views."
"Gönenç Gürkaynak is one of the leading competition lawyers in Turkey. I have been working with him for years and trust his knowledge and experience."
"He is a very sophisticated and very well-rounded academician with high-level business acumen."
"He is dedicated, commercially sound and competent in his field."
"Gönenç Gürkaynak gives practical and actionable advice on complex and nuanced issues."
"I always value and respect his academic proficiency and commercial views."
"Gönenç Gürkaynak is one of the leading competition lawyers in Turkey. I have been working with him for years and trust his knowledge and experience."
"He is a very sophisticated and very well-rounded academician with high-level business acumen."
"He is dedicated, commercially sound and competent in his field."
Articles, highlights and press releases
100 items provided by ELIG Gürkaynak Attorneys-at-Law
Price Increases in Highly Fragmented Sectors
Competition Board’s decision on the Red Meat Producers This article provides insight on the Turkish Competition Board’s decision to conclude the preliminary investigation concerning multiple undertakings in the red meat sector, specifically those involved in livestock farming and meat production.
The Turkish Merger Control Threshold Exemption Rule: Notifiability Requirements In Turkey
The Communiqué No. 2022/2 hiked the applicable turnover thresholds for concentrations that require mandatory merger control filing with the Authority and introduced a local turnover threshold exemption rule for capturing acquisitions of undertakings active in certain critical sectors.
Upholding Ne Bis In Idem: The TCA's Approach To Exclusivity Agreements In Nesine Decision
The Turkish Competition Authority has recently announced its reasoned decision concerning abuse of dominance by Nesine, a sports betting company in Turkiye, through exclusivity agreements with the customers of its competitors.
Granting Limited Signature Powers In Joint-Stock Companies Through Signatory Directive
The complexity of modern commerce and the demand for faster decision-making by relevant professionals often necessitate board of directors to authorize certain third parties with limited signature powers.
Significant Power Of The Preferred Shareholders Over The Management: Right To Be Represented
From Turkish corporate law point of view, privilege refers to a privileged right attached to a share regardless of identity or qualifications of the shareholder. A privileged share provides priority and advantages to its holder on certain shareholder benefits.
Resale Price Maintenance In The Spotlight: Farmatek's Case And The Board's Settlement Decision
This article aims to provide insight on the Turkish Competition Board’s settlement decision on the investigation concerning Farmatek Ic ve Dis Ticaret Anonim Sirketi, shedding light on the Board’s approach to practices in relation to resale price maintenance and settlement procedures.
Annulment of General Assembly Resolutions of Limited Liability Companies
In this article, we will aim to explain legal reasons and procedure of annulment of general assembly resolutions in limited liability companies.
Self Preferencing and Data Portability Questions of the Turkish Competition Authority Were Addressed
Turkish Competition Board issued its decision regarding the investigation against Trendyol that was launched based on the allegation that Trendyol has abused its dominant position and violated Article 6 of Law No. 4054 on the Protection of Competition
A New Era in Lease Disputes: Mandatory Mediation
Economic crises and inflation occurring in recent years have led to the emergence of numerous new disputes arising from lease relationships and to an increase in existing disputes.
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.
Price Increases in Highly Fragmented Sectors
Competition Board’s decision on the Red Meat Producers This article provides insight on the Turkish Competition Board’s decision to conclude the preliminary investigation concerning multiple undertakings in the red meat sector, specifically those involved in livestock farming and meat production.
The Turkish Merger Control Threshold Exemption Rule: Notifiability Requirements In Turkey
The Communiqué No. 2022/2 hiked the applicable turnover thresholds for concentrations that require mandatory merger control filing with the Authority and introduced a local turnover threshold exemption rule for capturing acquisitions of undertakings active in certain critical sectors.
Upholding Ne Bis In Idem: The TCA's Approach To Exclusivity Agreements In Nesine Decision
The Turkish Competition Authority has recently announced its reasoned decision concerning abuse of dominance by Nesine, a sports betting company in Turkiye, through exclusivity agreements with the customers of its competitors.
Granting Limited Signature Powers In Joint-Stock Companies Through Signatory Directive
The complexity of modern commerce and the demand for faster decision-making by relevant professionals often necessitate board of directors to authorize certain third parties with limited signature powers.
Significant Power Of The Preferred Shareholders Over The Management: Right To Be Represented
From Turkish corporate law point of view, privilege refers to a privileged right attached to a share regardless of identity or qualifications of the shareholder. A privileged share provides priority and advantages to its holder on certain shareholder benefits.
Resale Price Maintenance In The Spotlight: Farmatek's Case And The Board's Settlement Decision
This article aims to provide insight on the Turkish Competition Board’s settlement decision on the investigation concerning Farmatek Ic ve Dis Ticaret Anonim Sirketi, shedding light on the Board’s approach to practices in relation to resale price maintenance and settlement procedures.
Annulment of General Assembly Resolutions of Limited Liability Companies
In this article, we will aim to explain legal reasons and procedure of annulment of general assembly resolutions in limited liability companies.
Self Preferencing and Data Portability Questions of the Turkish Competition Authority Were Addressed
Turkish Competition Board issued its decision regarding the investigation against Trendyol that was launched based on the allegation that Trendyol has abused its dominant position and violated Article 6 of Law No. 4054 on the Protection of Competition
A New Era in Lease Disputes: Mandatory Mediation
Economic crises and inflation occurring in recent years have led to the emergence of numerous new disputes arising from lease relationships and to an increase in existing disputes.
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.