2016.ANA METIN ingilizce.01

Notification FormArticle 1(b) regulates that “for any affected mar-

ket within Turkey, and in terms of geographical markets; if the sum of

the market shares of the transaction parties are less than twenty per

cent for horizontal relationships, and the market share of one of the

transaction parties is less than twenty five per cent for vertical rela-

tionships, in relation to the affected markets in question,” information

regarding imports, distribution, suppliers, entry barriers, potential

competition, and efficiency gains regulated under Articles 6,7 and 8 are

not required to be presented. This provision is an exception to the

obligation to notify all information completely. However, it should be

noted that the Board may decide to fully examine the competition con-

ditions, and request the Notification Form to be fully completed.

EU Practice

A Mergers and Acquisitions Notification Form (“Form Co”)

with-

in the context of merger control procedures and rules applicable to

mergers provides an obligation to produce information in relation to

affected markets. Sections 6 and 8 of the Form Co are in line with

Turkey’s regulations.

The definition of an affected market is different for vertical and

horizontal relationships. In horizontal relationships, the parties should,

in total, have at least 15 percent of the market share; whereas, in verti-

cal relationships, the combined market share of one of the undertak-

ings or the parties should be greater than 25 percent. The notifying par-

ties shall primarily determine and define the affected market.

Following such determination, the information to be produced must

contain the size of the market, the market share of the parties for the

last three years, the distribution and supply structures, as well as the

entry barriers

Conclusion

Defining affected markets accurately, which is regulated in the

Communiqué, has an important impact on mergers and acquisitions.

COMPETITION LAW

131

See,

32004R0802&qid=

1439905124663&from=EN.

Whish, Bailey

; Competition Law, Seventh Edition, Oxford, p. 863.