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Turkish Competition Law in a Nutshell: Key Concepts and Principles
Foreign-to-Foreign Transactions under Turkish Merger Control Regime
Any transaction triggering the thresholds defined under Article 7 of Communiqué No. 2010/4 Concerning the Mergers and Acquisitions Calling for the Authorization of the Board (Communiqué No. 2010/4) is subject to a mandatory filing before the Turkish Competition Authority (Authority). ...
Franchise Agreements in Turkish Competition Law
Under Turkish competition law, franchise agreements are considered as “atypical” agreements that combine the features/characteristics of various agreements (such as sale/purchase agreements, agency agreements, service agreements, etc.). Accordingly, pursuant to the Guidelines on Vertica...
Full-Function Joint Ventures under Turkish Merger Control Regime
Article 5 of Communiqué No. 2010/4 Concerning the Mergers and Acquisitions Calling for the Authorization of the Competition Board defines joint ventures in a very similar manner to the EU law. There are essentially two criteria for a joint venture to qualify as a concentration subject to mer...
Geo-blocking in Turkey
The precedent body of the Turkish Competition Board does not include a decision that directly deals with the issue of geo-blocking within the meaning of the Geoblocking Regulation (EU) 2018/302 of the European Union. On that front, it should also be emphasized that the geo-blocking rules of the Eur...
Geographic Allocation of Turnover in Turkish Merger Control Regime
The Turkish merger control regime is governed by Law No. 4054 on the Protection of Competition and the Communiqué No. 2010/4 Concerning the Mergers and Acquisitions Calling for the Authorization of the Competition Board (Communiqué No. 2010/4). One of the crucial aspects of the regime...
Gun Jumping in Turkish Merger Control Regime
Any transaction triggering the thresholds defined under Article 7 of Communiqué No. 2010/4 Concerning the Mergers and Acquisitions Calling for the Authorization of the Competition Board (Communiqué No. 2010/4) is subject to a mandatory filing before the Turkish Competition Authority (...
Horizontal Agreements Guidelines in Turkey
The guiding secondary legislation on horizontal agreements is the Guidelines on Horizontal Cooperation Agreements (Horizontal Guidelines) published in 2013. These guidelines set out the principles to be taken into account in the evaluation of horizontal cooperation agreements between undertakings u...
Horizontal Agreements in Turkish Competition Law
Article 4 of Law No. 4054 on the Protection of Competition (Law No. 4054) aims to prohibit and illegalize the agreements and concerted practices, as well as the decisions of the associations of undertakings, which prevent, distort or restrict competition by object or by effect, directly or indirect...
Horizontal Cooperation Agreements in Turkey
Horizontal agreements are regulated under Article 4 of Law No. 4054 on the Protection of Competition (Law No. 4054), which prohibits all agreements between undertakings, decisions by associations of undertakings and concerted practices that have (or may have) as their object or effect the preventio...
Horizontal Mergers and Acquisitions in Turkey
Horizontal concentrations refer to the mergers and acquisitions between companies operating in the same product markets. The Turkish merger control provisions rely on the significant impediment of effective competition (SIEC) test to ascertain whether a merger may be cleared. The Turkish Competitio...
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