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downstream or upstream market of any product market in which another
party operates (vertical relationship).
These thresholds will be re-established every two years after this
communiqué enters into force.
Commitments.
Parties to a notification may submit commitments
in order to eliminate any competition problems that may arise out of the
operation subject to notification. Commitments may be submitted either
during the preliminary examination or during the final examination phases
and must be capable of completely eliminating competitive problems. A
legal ground is established for commitments and the opportunity of granting
conditional authorization used by the Board since 1998. Nevertheless, it is
clear that this article is not sufficient. As a matter of fact, similarly in the
European Union, a Communication explaining this practice will be issued.
New Notification Form
The new notification form attached to the New Communiqué also
includes important amendments.
Long / Short Form.
The New Communiqué, by making an exceptional
distinction, provides that information requested in Articles 6, 7 and 8 of the
notification form is not required (i) in case one of the transaction parties
acquires full control over an undertaking in which it had joint control; or
(ii) for any affected market within Turkey and in terms of geographical
markets if the sum of the market shares of the transaction parties is less
than 20% for horizontal relationships and the market share of one of the
transaction parties is less than 25% for vertical relationships in relation to
the affected markets in question.
However, in case it is discovered that the above conditions are not met
for the short form or, in exceptional circumstances, for the purposes of a
complete examination of competitive concerns even when these conditions
are met, the Competition Authority (hereinafter to be referred to as the
“Authority”) may request the notification form be completely filled out.
Electronic Form.
The notification and attached documents must be
prepared in two hardcopies as well as in electronic form and forwarded to
the Authority headquarters in Ankara.