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“…in case the transaction under examination does not pose concerns
for competition within the framework of potential alternative market
definitions in terms of both product and geography, or in case there are
competition distorting effects for all alternative definitions, a market
definition may not be prepared.”
In this regard, the Board has decided not to determine the relevant
product market since the operation will not create competition concerns
even though the market is defined in the strictest manner. However, the
Board has not explained in the decision why the operation will not create
such competition concerns although the Board decisions shall involve the
grounds and the legal basis as per Article 52(h) of the Competition Act.
Within this scope, the Board decision is likely to be criticized.
Relevant Geographic Market
A relevant geographic market means a market, which comprises the
area in which the firms concerned are involved in the supply of products
or services and in which the conditions of competition are sufficiently
homogeneous and which can be disassociated from neighborhood markets
because competitions conditions are sensibly different therein.
In the said case, the Board has determined that relevant geographic
market as Turkey.
Affected Market
The Communiqué No. 2010/4 refers for the first time to the notion
of “affected market” and stipulates that in such case the long notification
form shall be filled.
The affected market is relevant product markets that might be
affected by the transaction to be notified and where (a) two or more of the
parties are commercially active in the same product market (horizontal
relationship) or (b) at least of one of the parties is commercially active
in the downstream or upstream market of any product market in which
another party operates in (vertical relationship).
The Board, in the said case, determined that there is a horizontal
relationship between the parties and thus the affected markets are