SIGNIFICANT CHANGES IN TURKISH COMPETITION LAW PRACTICE ON THE CONTROL OF MERGERS OR ACQUISITIONS

The major changes on The Merger or Acquisition Communiqué, which is the secondary legislation for the control of mergers or acquisitions in the Turkish competition law practice, and the guidelines for the implementation of the communiqué, entered into force as of 04.03.2022.

These changes;

  • Increasing the turnover limits, which are determined as the merger acquisition control threshold, by updating them again after 12 years with the increase in inflation,
  • Introducing a new sub-definition under the name of technology undertakings for the first time in addition to the concept of undertaking,
  • Desiring to be controlled even if the thresholds are not exceeded unlike the EU practice, in order to prevent the takeover of technology companies, especially start-ups by killing acquisition,
  • Renewal of implementation guidelines in line with the “significant reduction of effective competition” test and technology acquisitions terms,
  • Opening the way for the application form to be updated and converted into electronic format and changing the format of the requested information,

form can be determined.

In the statement made by the Competition Authority, the details of these changes are mentioned.

https://www.rekabet.gov.tr/en/Guncel/amendments-related-to-the-communique-con-b68026de989fec11a2200050568595ba

To reach the amended legislation;

https://www.rekabet.gov.tr/en/Sayfa/Legislation/communiques

https://www.rekabet.gov.tr/en/Sayfa/Legislation/guidelines

Those who want to get detailed information about the subject can apply to our office.

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