2016.ANA METIN ingilizce.01

Supervision of Concentrations in Competition Law

Att. Ecem Susoy Uygun

Introduction

Mergers and acquisitions are one of the fundamental concepts of

dynamic economies. However, in order to maintain a competitive envi-

ronment in the marketplace, mergers and acquisitions must be subject

to the supervision of the Competition Authority (“Authority”). Thus, in

order to avoid abuse of the dominant position and prohibition of

uncompetitive mergers and acquisitions, the Authority has the task of

monitoring, regulating and supervising the markets

Concept of Concentration

Despite the fact that competition law regulations contain the con-

cept of ‘mergers and acquisitions,’ they do not provide their exact def-

initions. In accordance with Communiqué No. 2010/4 Concerning the

Mergers and Acquisitions Calling for the Authorization of the

Competition Board (“Communiqué”), the merger of two or more

undertakings, acquisition of direct or indirect control over all, or part

of one or more undertakings, by one or more undertakings, or by one

or more persons who currently control at least one undertaking,

through the purchase of shares or assets, through a contract or through

any other means, shall be considered a “merger or acquisition” by the

Authority. Moreover, the establishment of a joint venture that performs

all operations of an independent economic asset shall be considered as

a merger and acquisition, as well

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Article of September 2015

For the 16

Annual Report of the Competition Authority please see:

(Access Date: 28.09.2015).

For the Merger and Acquisition View Report of the Competition Authority please see:

ma+G%C3%B6r%C3%BCn%C3%BCm+Raporu%2fEk1+-+2014+Birle%C5%9Fme+

Devralma+G%C3%B6r%C3%BCn%C3%BCm+Raporu.pdf (Access Date: 28.09.2015).