Date: 5 October 2021
Time: 1:00 PM UTC
Duration: 60 min
Language: English
Format: Online
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Turkey: Antitrust Settlement Practices - The Developed Regime in the US and the Nascent Regime in Turkey - Issues of Healthy Divergence

The Turkish competition law regime merely allows for settlement for non-cartel conducts. To that end, given that the settlement mechanism in Turkey is a newly established system, there is room for observation and growth by means of enforcement practice and as a well-established system, US enforcement practices as well as procedures in terms of settlement cases may be of use for the nascent Turkish settlement mechanism.

The differences and convergences in terms of the following objectives/advantages of the settlement mechanism should be addressed between the nascent Turkish system on one hand, and well-established US system on the other:

  • The settlement mechanism aims to remedy the harm stemming from the anti-competitive behaviour via immediate cessation of the conduct at issue. The immediate stoppage of the potential anti-competitive conduct may save resources of the antitrust agency as well as the undertakings under scrutiny and the consumers and release them from having to going through costly and uncertain proceedings.
  • Additionally, a settlement allows for the undertaking under scrutiny and the antitrust agency to negotiate a remedy that would resolve the anti-competitive concerns at hand and thereby enables the undertakings to precisely detect the pro-competitive aspects of the conduct at hand. To that end, a settlement may have advantages for foreseeability and also allows for the industry to proceed with the potentially violating conduct sorting the anti-competitive dynamics out and leaving the pro-competitive ones in effect.
  • Furthermore, settlement saves money and resources of both antitrust agencies and undertakings. Given that antitrust probes and litigations are resource-intensive processes, settlement mechanism allows for the antitrust agencies and companies to save great resources required for investigations and litigation.
Gönenç Gürkaynak

Mr. Gönenç Gürkaynak is a founding partner of ELIG Gürkaynak Attorneys-at-Law, a leading law firm of 90 lawyers based in Istanbul, Turkey. Mr. Gürkaynak graduated from Ankara University, Faculty of Law in 1997, and was called to the Istanbul Bar in 1998. Mr. Gürkaynak received his LL.M. degree from Harvard Law School, and is qualified to practice in Istanbul, New York, Brussels and England and Wales (currently a non-practising Solicitor).  Before founding ELIG Gürkaynak Attorneys-at-Law in 2005, Mr. Gürkaynak worked as an attorney at the Istanbul, New York and Brussels offices of a global law firm for more than eight years. 

Mr. Gürkaynak heads the competition law and regulatory department of ELIG Gürkaynak Attorneys-at-Law, which currently consists of 45 lawyers. He has unparalleled experience in Turkish competition law counseling issues with more than 20 years of competition law experience, starting with the establishment of the Turkish Competition Authority. Every year Mr. 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 EC competition law topics.

Mr. 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. Mr. Gürkaynak also holds teaching positions at undergraduate and graduate levels at two universities, and gives lectures in other universities in Turkey.

Bilal Sayyed

Bilal Sayyed is currently senior competition counsel at Techfreedom. He was most recently the Director of the Office of Policy Planning at the Federal Trade Commission (2018-2021). The Office of Policy Planning assists the Commission to develop and implement long-range competition and consumer protection policy initiatives and advises staff on cases raising new or complex policy and legal issues. Prior to his time at the Commission, Bilal was an attorney in private practice, representing clients in merger and non-merger matters before the FTC and Department of Justice, and in consumer protection matters before the FTC. Bilal also teaches antitrust law as an adjunct professor at the Antonin Scalia Law School at George Mason University. Bilal was previously an attorney advisor for FTC Chairman Tim Muris (2001-2004).

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