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Turkey also exceed five million TL. Thereby, this transaction is subject

to the authorization of the Board in order to be legally valid.

Creation or Strengthening of a Dominant Position

Article 7/I of the Competition Act prohibits acquisitions creating

or strengthening dominant positions and which, as a result, signifi-

cantly restrict the effective competition in the relevant market

The only horizontally overlapping market is the oil heat exchang-

ers developed, produced or sold for high way application. Moreover,

there is no vertical overlap in the Turkish geographical market.

Thus, taking into consideration the number of undertakings active

in the relevant market and their market shares, the Board concluded

that the transaction in subject does not create or strengthen a dominant

position.

Conclusion

The Board unanimously decided to authorize the acquisition of

joint control over Behr GmbH & Co (“Behr”) by the main sharehold-

ers of Mahle GmbH (“Mahle”) and Behr, which would not impede

effective competition by strengthening of a dominant position.

This decision is significant from several aspects. First of all, this

decision thoroughly discusses the concept of “joint control” and its

application by also referring to EU Legislation. Moreover, the Board

deals with the notions of “absolute control” and “joint control” in a

comparative way and distinguishes between the two concepts.

Furthermore, the detailed examinations on the structure of the

rights granted to Mahle in the scope of the mid–phase displays a good

COMPETITION LAW

163

Article 7/I of Competition Act No. 4054 is as follows:

“The merger by one or more undertakings or acquisition by any undertaking or person from

another undertaking – except by way of inheritance – of its assets or all or a part of its part-

nership shares, or of means which confer thereon the power to hold a managerial right, with a

view to creating a dominant position or strengthening its / their dominant position which would

result in significant lessening of competition in a market for goods or services within the whole

or a part of the country, is illegal and prohibited.”

To review the Act, see the following link:

SgKWD+pQItw= (accessed on: 18.01.2013).