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

The following Competition practice 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...

Turkey merger control

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?

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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