2016.ANA METIN ingilizce.01

5 of the Communiqué Concerning Mergers and Acquisitions that Call

for the Authorization of the Competition Board

(“Communiqué No.

2010/4”) and Art. 7 of the Competition Act. Since the transaction

exceeds the turnover thresholds specified under Art. 7 of Communiqué

No. 2010/4, it is subject to the Board’s authorization.

As per Art. 7 of the Competition Act, merger or acquisition trans-

actions by any undertakings with a view to creating a dominant posi-

tion or strengthening the current dominant position, which would

result in significant lessening of competition, is prohibited.

When the prohibition regulated under Art. 7 of the Competition

Act and the term of dominant position defined in Art. 3 thereof are

mutually considered, merger and acquisition transactions that are sub-

ject to the Board’s authorization as per Communiqué No. 2010/4

should be assessed in terms of whether the undertakings, individually

or mutually, reach the power referred to in the terms of dominant posi-

tions, or whether or not to increase such power that exists prior to the

transaction.

In this decision, the Board examined whether or not the acquired

party creates a dominant position in the related market that would

result in significant lessening of competition as a result of this acquisi-

tion transaction that is subject to authorization.

Relevant Market

Relevant Product Market:

A relevant product market is comprised

of the products or services that may be regarded as interchangeable or

substitutable by the consumer due to the products’ properties, prices,

and intended use. Hence, in determining the relevant product market,

the interchangeability or substitutability of the products by the con-

sumer is taken into account.

As per the Guidelines on the Definition of the Relevant Market

the Board evaluated whether services that are rendered by marinas con-

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NEWSLETTER 2015

Please see.

1/Documents/S%C4%B1k%C3%A7a

+Sorulan+Soru/teblig83.pdf (Access date: 08.12.2015).

Please see.

%2Fkilavuz5.pdf (Access date: 08.12.2015).