2016.ANA METIN ingilizce.01

Definitions

Defining the relevant market has an important impact in competi-

tion law, and especially for the determination of abuse of dominant

position and mergers and acquisitions. In order to understand and

determine the affected market, and the obligations of the parties, accu-

rately, it is crucial to determine geographic and relevant products mar-

kets correctly.

Affected Market

The Notification Form Concerning Mergers and Acquisitions

annexed to the Communiqué (“Notification Form”) provides detailed

regulations with regard to affected markets. Relevant markets that are

affected by a merger or acquisition are considered to be affected mar-

kets. The Communiqué also determines two different criteria for hori-

zontal and vertical relationships in terms of affected markets. Pursuant

to Article 5, a horizontal relationship of an affected market is where

two or more of the parties are commercially active in the same product

market, and a vertical relationship is when at least one of the parties is

commercially active in the downstream or upstream market of any

product market in which another party operates.

Relevant Product Market

The Board defines the terms ‘relevant product’ and ‘geographic

markets,’ and provided criteria to determine such markets in the

Guidelines on the Definition of the Relevant Markets

Article 4 of Communiqué No. 1997/1 on Mergers and Acquisitions

that Require the Authorization of the Competition Board, defines rele-

vant products and geographic markets. According to this definition, “

determining the relevant product market, the market comprising the

goods or services that are the subject of a merger or an acquisition,

and the goods or services that are deemed to be identical in the eye of

consumers, in terms of their prices, intended use, and characteristics

is taken into account; other factors that may affect the market deter-

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NEWSLETTER 2015

See,

pdf.