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COMPETITION LAW
139
Guidelines Projects on Commitments and Conditional
Authorization - II
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Att. Zeynep Tuncer
In our last monthly Newsletter, the first part of the Guidelines Project
on Remedies Acceptable by the Competition Authority in Merger /
Acquisition Operations
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(“the Guidelines Project”) which was submitted
for public comment by being published in the official website of the
Competition Authority on February 7, 2011, was examined. Within
this scope, the characteristics of commitments and the different types
of commitments, as well as their submission to the Competition Board
(“Board”) and the sanctions in case of breach were examined.
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In ourNewsletter thismonth, the different types of commitments stated
in the Guidelines Project, their implementation, and their monitoring are
analyzed in detail.
Types of Commitments
The Guidelines Project, like the Commission Notice on remedies
acceptable under Council Regulation
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(“theNotice”), mentions three types
of commitments. However, parties are not limited by these commitments.
As a matter of fact, they may also submit other commitments which may
completely eliminate the competition concerns in the relevant market
arising out of a concentration operation.
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The kinds of commitments set forth in the Guidelines Project are as
follows:
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Article of March 2011
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To reach the Guidelines Project, see:
http://www.rekabet.gov.tr/dosyalar/images/file/BD-Cozumlerine_Iliskin_Kilavuz_Taslagi.pdf.
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To reach our last month Newsletter, see:
http://www.erdem-erdem.av.tr/newsletter.php?katid=12110&id=14673&main_kat=14668&yil=.
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Official Journal of the European Union, 2008/C – 267/01.
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The term “concentration” is used in the Guidelines Project instead of “mergers and
acquisitions” and it is stated that the term “concentration” includes mergers and acquisitions
and full-functional joint-ventures.