06.ANA METIN ingilizce.18

There is no doubt that the amendments are related to the protection

of the competitive market. However, the definition of “

incoherent

effects

” should be stated in the secondary legislation and thus the sec-

ondary legislation should be reviewed accordingly. For instance, the

Guidelines on the General Principles of Exemption

, which was pub-

lished in the official website of the Competition Authority

(“Authority”) on 29.01.2014 does not include the notion of “

incoher-

ent effect

”.

Concentrations, Notification and Inspection

Mergers and acqui-

sitions as regulated under Art. 7 of the Competition Act are defined as

concentration operations, and thus said article is regulated according-

ly. The establishment of joint ventures performing on a lasting basis all

the functions of an autonomous economic entity are also defined as a

concentration. The test of “substantial lessening of effective competi-

tion” is adopted instead of the “dominant position” test in accordance

with EU legislation in order to determine the distortive effects of con-

centrations.

The Board may give conditional authorization to undertakings in

order to eliminate competition concerns.

The amendments are deemed appropriate and permit full compli-

ance between the Competition Act and the secondary legislation, such

as the Communiqué No. 2010/4. However, relevant article of the Draft

Act amending Article 7 of the Competition Act is very detailed. For

instance, the said article stipulates the cases where the control will be

deemed permanently changed although such details may be stated in

the secondary legislation, such as the Communiqué No. 2010/4. Thus,

the relevant article of the Draft Act amending Article 7 of Competition

Act shall be simplified and include only the essential points.

Negative Clearance

Negative clearance is removed from the Draft

Act, but the grounds for this removal are not stated in the legal justifi-

cation. This might have been done in order to reduce the work-load of

the Board since undertakings can evaluate whether they distort the

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213

To access to the Guidelines on the General Principles of Exemption, please see

UAFIYET%C4%B0N+GENEL+ESASLARI+KILAVUZU.pdf (accessed on: 05.02.1014).