The Greek company “ANTAEA Medical Services Ltd.” won the lawsuit against “ATLAS Medical Services Ltd.” and Özdemir Hiçdurmaz

The Greek company "ANTAEA Medical Services Ltd." won the lawsuit against "ATLAS Medical Services Ltd." and Özdemir Hiçdurmaz for unfair competition, in the Turkish Courts.

"ATLAS Medical Services Ltd" was established in Turkey on 14 January 2005 by "ANTAEA Medical Services Ltd" (60% of shares) and Ms. Betul Ünal (40% of shares). In March 2012, "ANTAEA Medical Services Ltd" (hereinafter referred to as "ANTAEA") discovered that another company with a name similar to "ATLAS Medical Services Ltd", called "ATLAS CRO", was also using the same facilities and phone numbers with "ATLAS Medical Services". This company ("ATLAS CRO") was owned by Ms. Betul Ünal and her husband Mr. Ufuk Ünal.

As soon as "ANTAEA" realized that this unknown (to ANTAEA) company had direct access to the facilities of "ATLAS Medical Services Ltd", immediately decided, for serious legal and real reasons including insurance matters for data protection of patients, to terminate the collaboration with Ms. Betul Ünal and to withdraw its participation from "ATLAS Medical Services Ltd". The collaboration was formally terminated on 20 April 2012.

Few weeks later both "ATLAS Medical Services Ltd" and one of its Directors Mr. Özdemir Hiçdurmaz announced in Linkedin the termination of "ANTAEA" and "ATLAS Medical Services Ltd" collaboration using reasons which justified unfair competition against "ΑΝΤΑΕΑ". ANTAEA brought an action against "ATLAS Medical Services Ltd" and Özdemir Hiçdurmaz for unfair competition. The hearing took place in Istanbul on 30.12.2013 and the Court ruled that indeed the statements, which the defendants made on LinkedIn, constitute unfair competition. Also, it was ruled that this decision shall be published in a notice given to a Turkish newspaper, with high circulation and its expenses be covered by the defendant. Defendants reserved the right to appeal to the ruling at a higher court. However, both, namely "ATLAS Medical Services" and Mr. Özdemir Hiçdurmaz, never appealed at a higher court. Thus, the initial Court Decision became final.

On 01 July 2014, "ATLAS Medical Services Ltd" was acquired by a global CRO. The company named "ATLAS CRO" has the same address and phone number with the global CRO in Instabul.

This notification takes place legally in the space of action both above mentioned companies and Mrs. Ms. Betul Ünal due to the above-mentioned decision number 2013/453 of Turkish Justice because our opponent, exactly as above mentioned, violate this court order and they do not publicize it, because this judgment has already become final and because we have unequivocal legal interest.

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