162 / 473
COMPETITION LAW
149
We think that the notification form under Communiqué No. 2010/4
will continue being used since the explanations stated under Communiqué
No. 2013/2 regarding the content of the pre-notification are general and
limited. Otherwise, there would be a long period of information exchange
between the Competition Authority and the notifying persons, which
may cause unnecessary work-loads and loss of time. Therefore, direct
reference to the notification form under Communiqué No. 2010/4 would
be more appropriate.
Final Notification.
In order for acquisitions through privatization
requiring pre-notification to the Competition Authority to become legally
valid, it is mandatory to get authorization from the Competition Board.
Authorization applications to the Competition Board (final
notification) are made by the Presidency of the Privatization
Administration after the conclusion of the tender process, but before the
decision on the final acquisition transaction. This application shall be
prepared in the form of individual files for each bidder to be included in
the High Board of Privatization draft decision to be submitted to the High
Board of Privatization by the Privatization Administration.
Conclusion
The most fundamental change in Communiqué No. 2013/2 is the
abandonment of the market share and turnover threshold system and the
preservation solely of the turnover threshold system in compliance with
Communiqué No. 2010/4. This fundamental change is well directed,
both in terms of harmony with the European Union and uniformity in the
domestic legislation.
We believe that most of the changes made in Communiqué No.
2013/2 are not legally “necessary”. For instance, “
transfers to education
institutions with the nature of public entities”
are not within the scope of
the Communiqué. However, in any case, such transfers do not qualify as
privatization.
In addition to this, since the content of the pre-notification is not
clearly regulated under Communiqué No. 2013/2, it would be more
incisive to refer to the notification form under Communiqué No. 2010/4.