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NEWSLETTER 2013 160
Considering that in the said case the above-stated thresholds are
exceeded, the operation is submitted to the authorization of the Board as
per the Communiqué No. 2010/4.
Board Examination
In Turkish competition law, merger or acquisition operations: which (1)
create or strengthen a dominant position (2) resulting in significant lessening
of competition in the relevant product market are illegal and prohibited.
For that reason, the Board, in order to determine whether the operation
between the parties is prohibited within Turkish law, has respectively
realized a thorough analysis as follows:
(i) The Board has determined the relevant product market and the
affected market subject to the said operation;
(ii) The Board has examined whether the said operation will create
a dominant position or strengthen a dominant position in the
relevant product market (1st test) and in the affirmative, whether
the operation will significantly lessen the competition in the
relevant product (2nd test);
(iii) The Board has examined the ancillary restraints in the
Shareholders’ Agreement.
Relevant Market
Relevant Product Market
A relevant product market means a market which includes all those
products and/or services, which are regarded as interchangeable or
substitutable by the consumer by reason of the products’ characteristics,
their prices and their intended use. Hence, in determining the relevant
product market, the interchangeability or substitutability of the products
by the consumer is taken into account.
In addition to the above-stated, according to the Paragraph 20 of
the Guidelines on the Definition of Relevant Market3 (“Guidelines”),
3 In order to access to Guidelines, please look at:
/Documents/Guide/kilavuz8.pdf (accessed on
25.10.2013).