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COMP ET I T I ON LAW

101

Current Version of the Agreement.

A copy of the final or current

version of the agreement concerning the notified merger or acquisition

should be enclosed with the notification form. So, the attachment of the

signed final version of the agreement will not be necessary any more.

The notification may also be made by a copy of the current version of the

agreement. This provision grants the possibility to the parties to ask the

preliminary opinion of the Board before signing a binding agreement.

Conclusion

A parallel way to that of the European Union is pursued by the

New Communiqué, and the deficiencies existing under Turkish law

are eliminated. Within this context, notions such as full function joint

ventures and continuous control were taken into account, a legal ground

was established for commitments, and conditional authorization and the

possibility of notification with a short or long form was granted.