Gönenç GÜRKAYNAK, LL.M Position : Managing Partner, ELIG, Attorneys-at-Law Nationality : Turkish Bar Memberships : Istanbul Bar (since 1998); New York Bar (since 2002); American Bar Association (since 2002); Law Society of England and Wales (since 2004); Brussels Bar (since 2003) Foreign Language : English Practice Areas : Regulatory & Compliance, Competition Law, White Collar Irregularities, Internet Law, General Corporate/Contracts, Litigation Direct Telephone : +90 (212) 327 1724 Direct Fax : +90 (212) 327 1725 E-mail : [email protected] Professional Experience Mr. Gönenç Gürkaynak is a founding partner and the managing partner of ELIG, Attorneys-at- Law, a leading law firm of 87 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, 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, 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 20 written and oral defences in investigations of the Turkish Competition Authority, about 15 antitrust appeal cases in the high administrative court, and over 60 merger clearances of the Turkish Competition Authority, in addition to coordinating various worldwide merger notifications, drafting non-compete 1 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 150 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. Education 2001 Harvard Law School, LL.M. Research Assistant to Professor Louis Kaplow on Antitrust Law 1997 Ankara University Faculty of Law, LL.B. Career to Date 2005 – present Partner, ELIG, Attorneys-at-Law, Istanbul, Turkey 2004 – 2005 Lawyer, White & Case LLP, Istanbul, Turkey 2003 – 2004 Lawyer, White & Case LLP, Brussels, Belgium 2001 – 2003 Lawyer, White & Case LLP, New York, U.S.A. 1997 – 2000 Lawyer, White & Case LLP, Istanbul, Turkey Summer 1996 Legal Counsel, Umut Foundation, Ankara, Turkey Summer 1995 Trainee, Bıyıklı, Mengü & Karagözoğlu, Ankara, Turkey Academic / Teaching Experience 2015 – present Yeditepe University, School of Law, İstanbul Turkey • Competition Law; Undergraduate Course 2013 – 2014 Bilgi University, School of Law, İstanbul Turkey • Competition Law (LAW 513); Masters Degree Course 2009 - present Bilkent University, School of Law, Ankara Turkey • Competition Law (LAW 504); Graduate Course 2005 - present Bilkent University, School of Law, Ankara Turkey • Competition Law (LAW 408); Undergraduate Course 2 2004 – present Bilkent University, School of Law, Ankara, Turkey • Introduction to Anglo-American Law (LAW 357); Undergraduate Course 2005 – 2006 Boğaziçi University, Dept. of Economics, Istanbul, Turkey • Economics and Competition Law (EC 581); Masters Degree Course 2005 – 2006 Sabancı University, Dept. of Social Sciences, Istanbul, Turkey • Comparative Legal Thought (LAW 310); Undergraduate Course 1999 – 2000 Instructor, Istanbul Bar Association Education Center for Legal Interns, Istanbul, Turkey • Comparative EU and Turkish Competition Law Memberships 2012 – Present Corporate Governance Association of Turkey 2012 – Present TEID Ethics and Reputation Society 2012 – Present Turkish Industry & Business Association Vice President of the Investment Environment Roundtable Head of Anti-Corruption Project 2013 - 2017 Head of the Competition Law Practice Group 2012 – Present British Chamber of Commerce of Turkey 2015 – Present Business and Industry Advisory Committee (BIAC) Task Force on Anti- Bribery / Corruption 2015 – Present Member of the Advisory Board of the Institute for Consumer Antitrust Studies at Loyola University in Chicago, USA. 3 Publications, Periodicals, Communiqués at Conferences and Speeches • “Anti-suit Injunctions in International Arbitration” (Article with Atty. Ceyda Karaoğlan Nalçacı, Atty. Tuğba Uluay and Atty. Ahmet Bahadır Erkan), Legal Hukuk Dergisi, Volume: 16, No: 181, Year: 2018, p. 133-160 (Turkish). • “Significance of Proof of Use in Trademark Oppositions under Turkish Law” (Article with Atty. İlay Yılmaz and Atty. Noyan Utkan), Mondaq, February 6, 2018 (English). • “Competition Board concludes preliminary investigation into furnishing sector” (Article), International Law Office Competition & Antitrust Newsletter, January 25, 2018 (English). • “Questions of Intellectual Property in the Artificial Intelligence Realm” (Article with Atty. İlay Yılmaz, Atty. Türker Doygun and Ekin İnce), The Robotics Law Journal, Volume 3, No. 2, September / October 2017 (English). • “Guide Yourself to Explicit Consent: Article 29 Working Party’s Updated Opinion” (Article with Atty. İlay Yılmaz and Atty. Noyan Utkan), Mondaq, January 16, 2018 (English). • “The International Comparative Legal Guide to: Corporate Investigations 2018” (Periodical with Atty. Ç. Olgu Kama), Global Legal Group, January 2018 (English); This article appeared in the 2nd Edition of The International Comparative Legal Guide to: Corporate Investigations; published by Global Legal Group Ltd, London. • "Quarterly Update on Anti-Dumping Cases in Turkey (December 2017)" (Article with Atty. Ceren Yıldız and Atty. Ecem Elver), Mondaq, January 4, 2018 (English). • “Crowdfunding Legislation Introduced in Turkey” (Article with Atty. Ceren Yıldız and Atty. Ecem Elver), Mondaq, January 2, 2018 (English). • "Getting the Deal Through - Cartel Regulation 2018" (Periodical with Atty. K. Korhan Yıldırım), Law Business Research Limited, December 2017 (English); Reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through: Cartel Regulation 2018, (published in December 2017; contributing editor A Neil Campbell, McMillan LLP). • "The International Comparative Legal Guide to: Merger Control 2018" (Periodical with Atty. Öznur İnanılır), Global Legal Group, December 2017 (English); This article appeared in the 2018 edition of The International Comparative Legal Guide to: Merger Control; published by Global Legal Group Ltd, London. 4 • “DOJ Makes the Pilot Program Permanent and Announces FCPA Corporate Enforcement Policy” (Article with Atty. Ç. Olgu Kama and Atty. Burcu Ergün), Mondaq, December 7, 2017 (English). • "Disputes on Health-Related Commercial Advertisements under Consumer Law" (Article with Atty. Tolga Uluay and Atty. A. Bahadır Erkan), Mondaq, December 5, 2017 (English). • “Turkish DPA’s Guidelines on the Erasure, Destruction or Anonymization of Personal Data” (Article with Atty. İlay Yılmaz and Atty. Burak Yeşilaltay), Mondaq, November 29, 2017 (English). • "2017 FCPA Enforcement Actions and Highlights" (Article with Atty. Ç. Olgu Kama) Mondaq, November 22, 2017 (English). • "Getting the Deal Through: Market Intelligence - Anti-Corruption 2017" (Volume 4, Issue 7) (Article with Atty. Ç. Olgu Kama), Law Business Research Ltd., December 2017 (English); Reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through: Market Intelligence (Volume 4, Issue 7) – Anti-Corruption, (published in November 2017; Panel Leader: Miller & Chevalier Chartered). • “Competition Board grants exemption to Tyre Industrialist Association's waste management plan” (Article), International Law Office Competition & Antitrust Newsletter, November 16, 2017 (English). • “Regulation on Erasure, Destruction or Anonymization of Personal Data: First Prong of the Secondary Legislation” (Article with Atty. İlay Yılmaz and Atty. Burak Yeşilaltay) Mondaq, November 8, 2017 (English). • “Conditions Precedent that Fall Mandatory under Turkish Law in a Share Deal” (Article with Atty. Nazlı Nil Yukaruç, Atty. Damla Doğancalı and Atty. Gözde Kitapcı), Mondaq, October 26, 2017 (English). • ““Non Bis In Idem” Accepted In Turkey - Abuse of Dominance Investigation in Vodka and Gin Markets Closed with No Administrative Fine Against Diageo Turkey” (Article), Mondaq, October 25, 2017 (English). • “New Legislation on Manufacturing Plants of Human Medicinal Products” (Article with Atty. Ceren Yıldız and Atty. Ecem Elver), Mondaq, October 24, 2017 (English). • “Turkey Amends its Legislation on Pricing of Human Medicinal Products” (Article with Atty. Ceren Yıldız and Atty. Ecem Elver), Mondaq, October 2, 2017 (English). 5 • “Excessive Pricing: A Rare Concept of Competition Law” (Article with Atty. Ceren Özkanlı, Atty. Ceren Göktürk and Atty. Merve Bakırcı) Mondaq, October 2, 2017 (English). • “Quarterly Update on Anti-Dumping Cases in Turkey (October 2017)” (Article with Atty. Ceren Yıldız and Atty. Ecem Elver) Mondaq, September 29, 2017 (English). • “The B20 2017