Turkey merger control
Produced in partnership with ELIG Gürkaynak Attorneys-at-Law
Turkey merger control

The following Competition guidance note Produced in partnership with ELIG Gürkaynak Attorneys-at-Law provides comprehensive and up to date legal information covering:

  • Turkey merger control
  • 1. Have there been any recent developments regarding the Turkish merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Turkey?
  • 2. Under Turkish merger control law, is the control test the same as the EU concept of ‘decisive influence’? If not, how does it differ and what is the position in relation to 'minority shareholdings'?
  • 3. Are joint ventures caught by the national merger control provisions (including non-structural, cooperative joint ventures)?
  • 4. What are the merger control thresholds and would a purely foreign-to-foreign transaction be caught (commenting on any ‘effects’ doctrine/policy if relevant)?
  • 5. Are there any specific issues parties should be aware of when compiling and calculating the relevant turnover for applying the jurisdictional thresholds?
  • 6. Where the jurisdictional thresholds are met, is notification mandatory and must closing be suspended pending clearance?
  • 7. Is there any discretion to review transactions that fall below the notification thresholds?
  • 8. Is it possible to close the deal globally prior to local clearance?
  • 9. Is there a deadline for filing a notifiable transaction and what is the timetable for review of a notifiable transaction?
  • more

A conversation with Gönenç Gürkaynak, founding partner at Turkish law firm ELIG Gürkaynak Attorneys-at-Law, on key issues on merger control in Turkey.

NOTE–to see whether notification thresholds in Turkey and throughout the world are met, see Where to Notify.

1. Have there been any recent developments regarding the Turkish merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Turkey?

In terms of the Turkish merger control regime, the Turkish Competition Authority has introduced the Communiqué No. 2017/2 Amending Communiqué No. 2010/4 on Mergers and Acquisitions Requiring the Approval of the Competition Board. The Communiqué No. 2017/2 were published on the Official Gazette, issued on 24 February 2017. One of the amendments introduced to Communiqué No. 2010/4 is that Article 1 of Communiqué No. 2017/2 abolished Article 7(2) of Communiqué No. 2010/4 propounding that ‘[t]he thresholds (…) are re-determined by the Board biannually’. Through this amendment, the Turkish Competition Board is no longer required to re-establish jurisdictional thresholds for concentrations every two years. To that end, there is no specific timeline for the review of the relevant turnover thresholds set forth by Article 7(1) of Communiqué No. 2010/4. In addition, article 2 of Communiqué No. 2017/2 modified Article 8(5) of Communiqué No. 2010/4. Together with this amendment, the Board would