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COMPETITION LAW 143
Impact of Competition Law on Acquisitions
through Privatization*
Prof. Dr. H. Ercument Erdem
Privatization may be defined as “any process that decreases the
public sector share in economic activities” 1. Sententiously, privatization
means the transfer of a public undertaking to the private sector. In such a
case, the competitive environment in the relevant market may be affected,
since public undertakings buttressed by the strength of government may
create monopolies, and thus may significantly lessen competition by
creating a dominant position in the relevant market.
In order to ensure competition in the relevant market, competition
authorities regulate acquisitions through privatization. The Communiqué
on the Procedures and Principles to be Pursued in Pre-Notifications and
Authorization Applications to be Filed with the Competition Authority
in order for Acquisitions via Privatization to Become Legally Valid No
1998/4 2 (“Communiqué No. 1998/4”) was the first regulation concerning
privatization sector under Turkish law. This Communiqué was abrogated
after remaining in force for fifteen years by the entry into force of the
Communiqué on the Procedures and Principles to be Pursued in Pre-
Notifications and Authorization Applications to be Filed with the
Competition Authority in order for Acquisitions via Privatization to
Become Legally Valid No 2013/2 3 (“Communiqué No. 2013/2”).
* Article of June 2013
1 See. TEMEL, Esma, Özelleştirme Uygulamaları ve Rekabet Politikası, Rekabet Kurumu
Uzmanlık Tezleri Serisi, No. 300, Ankara 2012, p. 5.
2 Communiqué No. 1998/4 entered into force through publication in the Official Gazette dated
12.09.1998 and numbered 23461. For the Communiqué please see:
Documents/Communiqu%C3%A9/teblig66.
pdf (accessed on: 03.06.2013).
3 Communiqué No. 2013/2 entered into force through publication in the Official Gazette dated
18 April 2013 and numbered 28622. For the Communiqué please see:
ebli%C4%9F+No+2013.2.pdf (accessed on: 03.06.2013).