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NEWSLETTER 2011
132
Guidelines Project on Commitments and Conditional
Authorization – I
1
*
Att. Zeynep Tuncer
The Communiqué Concerning the Mergers and Acquisitions Calling
for the Authorization of the Competition Board
2
1
(“the Communiqué”)
which entered into force on January 1
st
, 2011, brought a legal basis to
the commitment and conditional authorization institution. Therefore,
the possibility of eliminating the competition concerns which may arise
out of operations of mergers and acquisitions
via
the submission of
commitments was granted to the parties, and the possibility of giving
a conditional authorization was granted to the Competition Board (“the
Board”).
Following the publication of the Communiqué, the Guidelines
Project on Remedies Acceptable by the Competition Authority in Merger
/ Acquisition Operations
3
2
(“the Guidelines Project”) was prepared and
submitted for public comment on February 7, 2011, by being published
on the official website of the Competition Authority.
The Guidelines Project, like the Commission notice on remedies
acceptable under Council Regulation
4
3
(“the Notice”) still in force in
the European Union, regulates the general principles of commitments,
their characteristics, and the conditions and methods for their execution
without eliminating case-by-case examination.
The characteristics of commitments and the different kinds of
commitments, as well as their submission to the Board and the sanctions
in case of breach are examined within our Newsletter this month.
*
Article of February 2011
1
Official Gazette, 07.10.2010, 27722.
2
To reach the Guidelines Project, see:
http://www.rekabet.gov.tr/dosyalar/images/file/BD-Cozumlerine_Iliskin_Kilavuz_Taslagi.pdf.
3
Official Journal of the European Union, 2008/C – 267/01.