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Affected Market*
Att. Mehves Erdem
Introduction
The Communique Concerning Merger and Acquisitions Calling
for the Authorization of the Competition Board (“Communique”)1
defined the concept of affected market, and regulated the information
that parties are obliged to provide notification for.
Prior to the amendment of the Communique, with Communiqué
No. 2012/3, published in the Official Gazette dated 29.12.2012, and
numbered 28512, the significance of the concept of affected market
was that the parties of the merger or acquisition were not obliged to
obtain the Board’s authorization if there is no affected market.
It was accepted that such Regulation had been intended to decrease
the number of unnecessary notifications. This implementation gave
representatives, or authorized persons, of the undertakings the freedom
to abandon the notification requirement in cases where the affected
market was beyond question. This Regulation further provided an
exception for joint ventures, and kept the joint ventures beyond its
scope. The provision that reads, “except in cases of joint ventures,
authorization of the Board shall not be required for transactions with-
out any affected market, even if the thresholds listed in the paragraph
1 of this Article are exceeded,” is removed from Communiqué num-
bered 2012/3. With this amendment, the exception provided for the
affected markets is lifted.
COMPETITION LAW 127
* Article of August 2015
1 See,
%25a9%2f2010_4ing.pdf.