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NEWS LETTER 2 0 1 0
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A Draft Communiqué has been prepared in order to replace
the Communiqué numbered 1997/1 on the Mergers and
Acquisitions Calling for the Authorization of the Competition
Board
*
A Draft Communiqué (hereinafter referred to as the “Draft”) was
prepared with a view to replace the Communiqué No. 1997/1 on the
Mergers and Acquisitions Calling for the Authorization of the Competitions
Board
1
(hereinafter referred to as the “Communiqué No. 1997/1” or the
“Communiqué”) which had been prepared on the basis of the Regulation
ECC numbered 4064/89 and dated December 1989 (hereinafter referred
to as the “Regulation No. 4064/89”). The Draft has been submitted
to the public opinion
2
by being published in the official website of the
Competition Authority on 15 February 2010.
Why a new Communiqué?
During the process of harmonization with the European Union, the
works on the harmonization of the Turkish Law with the Acquis of the
EuropeanUnion continue intensively.Within this scope, it was also intended
to integrate in Turkish Law the novelties brought by the Council Regulation
(EC) numbered 139/2004 and dated 20 January 2004
3
(hereinafter referred
to as the “Regulation No. 139/2004” or the “Regulation”) which has
abrogated the Regulation No. 4064/89 and which is in force since 1 April
2004. In addition, the Competition Authority’s experience exceeding
twelve years and the criticism of the Communiqué in the doctrine have
also been taken into account.
What are the innovations brought by the Draft?
Purpose and Scope.
Differently from the Communiqué No. 1997/1, the
purpose and scope of the Communiqué have been regulated in two different
articles. In fact, the Article entitled “Purpose” states that the purpose of the
*
Article of February 2010
1 The Communiqué No. 1997/1 has been published in the Official Gazette dated 12.08.1997 and
numbered 23078. To consult the Communiqué, see the following link:
http://www.rekabet.gov.
tr/dosyalar/teblig/teblig29.doc.
2 The public may submit its opinion on the Draft until 5 March 2010.
3 The Regulation No. 139/2004 has been published in the Official Journal of the European Union
dated 20.012004 and numbered L 24. To consult the Regulation, see the following link: http://
eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32004R0139:en:HTML.