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to the transaction concluded mergers or acquisitions within three years
in the affected market, such parties are obliged to provide the required
information.
Pursuant to Article 5.3 with regard to Turkey, relevant geographic
markets for every affected market with respect to last three years, over-
all size of the market, sales values, and numbers of parties involved in
the transaction, titles and market shares of the competitors who have
more than 5 percent share in the market, and their contact information,
is to be provided.
In addition to such information for the affected markets, informa-
tion regarding conditions of imports, amounts of imports for the last
three years, the five largest suppliers who are active in the affected
market, and the five largest clients of the parties in the affected markets
shall be presented.
Information regarding supply substitution in the affected markets
shall be provided, including distribution channels, total capacity with
regard to the last three years, capacity of competitors, and whether any
one of the undertakings concerned, or their competitors, have plans to
expand or reduce their production or sales capacity in the near future.
Information in connection with growth rate of demand, consumer
preferences, customer groups, and distribution agreements shall be
provided in relation to demand substitution. Associations of undertak-
ings are also regulated under Article 6, as part of the notification oblig-
ation.
Entry barriers, potential competition, and undertakings made in the
market in the last five years, or undertakings that will possibly enter the
market, are to be included in the Notification Form.
It is clear from the Communiqué that undertakings face serious
and heavy obligations with regard to production of information.
Undertakings can face challenges in providing such detailed informa-
tion in a short period of time. Article 11 of the Communiqué regulates
that in the event of missing information, the notification shall be
deemed to have been made when such information is completed, points
to the significance of obligations of the undertakings to provide com-
plete information.
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NEWSLETTER 2015