Investigations and Complaints in Turkey
The Competition Authority may start investigations against any party which is infringing the Competition Law ex oicio or upon complaint. The applicable statute of limitation is eight years. An investigation may consist of three stages: (i) preliminary investigation, (ii) investigation, and (iii) hearings. In case of a preliminary investigation, the […]
Public Procurement Regime in Turkey
The public procurement regime is subject to the Public Procurement Law that governs the pre-tender and tender phases, and the Public Procurement Contracts Law that governs the contract and post-contract phases. The Public Procurement Authority, an administratively and inancially autonomous public legal authority, has been established in order to supervise […]
Prohibition From Participation in Tenders in Turkey
The Public Procurement Law bars the following persons from bidding in public tenders directly or indirectly or as a sub-contractor: (i) those who have been prohibited from participating in tenders by governmental oices or by court order temporarily or permanently, and those who have been convicted of crimes related to […]
Procurement Process in Turkey
The basic principles of a tender are transparency; competition; equal treatment; reliability; conidentiality; public supervision and eicient use of resources; and no consolidation of purchase of goods, services and construction works in the same procurement (unless there is an acceptable natural connection). Procurements may be held via the open method […]
Disputes in Turkey
Bidders and potential bidders have the right to (i) ile a complaint before the contracting administration, (ii) appeal against the outcome of such complaint before the Public Procurement Authority, and (iii) to ile a lawsuit regarding the procurement process before an administrative court. The complaint before the contracting authority and […]
Protection Of Personal Data in Turkey
Until very recently, Turkey did not have speciic legislation governing protection of personal data. The situation has changed upon the enactment of the Data Protection Law. The Data Protection Law has introduced solid principles of data protection in Turkey that are in line with compatible principles of European Union regulations. […]
Establishing A Business in Turkey
Turkey’s FDI Law is based on the principle of equal treatment, allowing international investors to have the same rights and liabilities as local investors. The conditions for setting up a business and share transfer are the same as those applied to local investors. International investors may establish any form of […]