Notification Requirement under Turkish Merger Control Regime

Turkey is a jurisdiction with a pre-merger notification and approval requirement, much like the European Union regime. Concentrations that result in a change of control are subject to the Turkish Competition Board’s approval, provided they exceed the applicable turnover thresholds.

Pursuant to the presumption regulated under Article 5(2) of Communiqué No. 2010/4, control shall be deemed acquired by persons or undertakings that are the holders of the rights, or entitled to the rights under the agreements concerned, or while not being the holders of the said rights or entitled to rights under such agreements, have de facto power to exercise these rights. Once the thresholds are exceeded, there is no exception for filing a notification. There is no de minimis exception or other exceptions under the Turkish merger control regime, except for a certain type of merger in the banking sector.

For more information on the filing requirement under Turkish merger control regime, please feel free to reach out to ELIG Gurkaynak at +90 212 327 1724 or through gonenc.gurkaynak@elig.com.