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Turkiye merger control
Produced in partnership with ELIG Gürkaynak Attorneys-at-Law
Practice notesTurkiye merger control
Produced in partnership with ELIG Gürkaynak Attorneys-at-Law
Practice notes
A conversation with Gönenç Gürkaynak, founding partner at Turkish law firm ELIG Gürkaynak Attorneys-at-Law, on key issues on merger control in Turkiye.
NOTE–to see whether notification thresholds in Turkiye 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 Turkiye?
On March 4, 2022, the Turkish Competition authority (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 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
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Jurisdiction(s):
United Kingdom
Related documents:
Practice notes 11
Key definition:
Merger control definition
What does Merger control mean?
The merger control rules of the UK are contained in the enterprise Act 2002, as amended. Under the UK merger control rules, the competition and markets authority has jurisdiction to review both completed and anticipated merger transactions provided there is a ‘relevant merger situation’. The UK rules do not generally apply to mergers in relation to which the European Commission has exclusive jurisdiction under the EU Merger Regulation. Where the transaction falls within the scope of any national or supranational (eg the EU or COMESA) merger control rules, it is common for the parties to the agreement to agree that the transaction shall be conditional upon merger control approvals having been received and no relevant competition authority having raised objections to the transaction (Enterprise Act 2002).
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