Substantive Test Applied in Turkish Merger Control Regime

The Turkish merger control provisions rely on the significant impediment of effective competition (SIEC) test to ascertain whether a merger may be cleared. Pursuant to Article 7 of Law No. 4054 on the Protection of Competition and Article 13 of Communique No.2010/4 on Mergers and Acquisitions Requiring the Approval of the Competition Board, based on the SIEC test, mergers and acquisitions which do not significantly impede effective competition in a relevant product market within the whole or part of Turkey would be cleared by the Board. The secondary legislation provides further information on SIEC test. The SIEC test aims to allow a more reliable assessment of the unilateral and cooperation effects that might arise as a result of mergers or acquisitions. The Board will be able to prohibit not only transactions that may result in the creation of a dominant position or strengthen an existing dominant position, but also those that can significantly impede effective competition.

For more information on substantive test applied in Turkish merger control regime, please feel free to reach out to ELIG Gurkaynak at +90 212 327 1724 or through gonenc.gurkaynak@elig.com.