The following Competition practice note produced in partnership with ELIG Gürkaynak Attorneys-at-Law provides comprehensive and up to date legal information covering:
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.
On March 4, 2022, the Turkish Competition Authority published the Communiqué No. 2022/2 on the Amendment of Communiqué No. 2010/4 on the Mergers and Acquisitions Subject to the Approval of the Competition Board (the “Amendment Communiqué”). The Amendment Communiqué introduces certain new regulations concerning the Turkish merger control regime, which will fundamentally affect the notifiabiliy analysis of merger transactions and the merger control notifications submitted to the Turkish Competition Authority.
Two of the most significant developments that the Amendment Communiqué entails, inter alia, are the introduction of threshold exemption for undertakings active in certain markets/sectors and the increase of the applicable turnover thresholds for the concentrations that require mandatory merger control filing before the Turkish Competition Authority.
The Amendment Communiqué does not seek a Turkish nexus in terms of the activities which renders the threshold exemption. In other words, it would be sufficient for the target company to be active in the fields of digital platforms,
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