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In addition, as per Art. 14 of the Communiqué, in order to eliminate

any competition issues that may arise under Article 7 of the LPC,

undertakings may give commitments concerning mergers or acquisi-

tions. The Board may specify conditions and obligations aimed at

ensuring that any such commitments are fulfilled. Such commitments

may be given at the preliminary examination, or during the final inves-

tigation stages.

Furthermore, the Board shall also be notified of mergers and

acquisitions transactions conducted abroad if they exceed the thresh-

olds stipulated under Art. 7 of the Communiqué, and if Turkish mar-

kets are effected.

Conclusion

In the Mergers and Acquisitions Report of 2014

9

(as published by

the Authority) the Board was notified of 215 mergers and acquisitions.

When the number and value of the mergers and acquisitions transac-

tions performed are taken into consideration, the importance of the

supervision of concentration transactions must be emphasized more.

The independent undertakings that intend to perform concentration

transactions must consider that the transaction shall not create nor

strengthen their dominant position, or their strengthened dominant

position shall not significantly lessen competition.

COMPETITION LAW

115

9

For the Report please see:

http://www.rekabet.gov.tr/File/?path=ROOT%2F1%2FDocuments

%2FBirle%C5%9Fme+Devralma+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).