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COMPETITION LAW
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will be considered within the scope of this Communiqué. Thus, it
was not necessary to repeat that the acquisition of shares that does
not lead to a change in the control of the undertaking will not be
considered within the scope of the Communiqué.
Notification Procedure under the Communiqué
Communiqué No. 2013/2 is based on a turnover threshold system and
foresees a two-stage notification system:
The Turnover Threshold System.
As per Communiqué No. 2013/2,
privatizations, which are subject to notification, are determined within
the turnover threshold system. Within this scope, in the calculation of
the turnover, sales by the undertaking or unit intended for production of
goods or services to be privatized to public institutions and organizations
including local governments made on the basis of a legislative provision
shall not be taken into account.
Pre-notification.
In acquisitions through privatizations, where the
turnover of the undertaking or unit intended for production of goods or
services to be privatized exceeds 30millionTurkish liras, a pre-notification
with the Competition Authority shall be filed and the opinion of the
Competition Board shall be received before the public announcement
of tender specifications. The opinion of the Competition Board shall be
valid for three years, unless otherwise stipulated.
The three year validity period of the Competition Board’s opinion is
an appropriate provision newly integrated by Communiqué No. 2013/2
since such provision:
– Foresees the average changing period of the conditions in the
market and therefore prevents the contradiction of the opinion of
the Competition Board within the current market structure; and
– Prevents the Competition Authority from incurring a heavy and
unnecessary work-load due to re-applications in circumstances
where transactions are not concluded immediately.
The Competition Board shall prepare its opinion within forty
business days following the entry of the pre-notification into its records.
The distribution of the forty business days is as follows: