Global Competition Law is primarly a practitioner's guide presenting the most salient aspects of the major competition laws country by country, giving an overview of their structure and most charasteristic elements.
Global Competition Law also provides insight into possible future developments in the field.

Global Competition Law

   The Competition Board is authorized to investigate and make a decision with respect to mergers and acquisitions. Within fifteen days following notification, having made a preliminary investigation, the Board must either permit the transaction or inform the parties that it intends to investigate further and that the transaction may not be put into effect pending a final decision.
  In assessing  …

Proceedings before the Competition Board

Notification of a merger or acquisition may be made jointly, or by either of the parties, to the Competition Board within one month after conclusion of the agreement regarding the transaction.

However, pursuant to the amendments brought by Communiqué 2017/2 of 24 February 2017, where control is acquired as a result of purchase of securities from different sellers in the stock exchange through serial transactions, the transaction may be notified to the Board after its execution, provided that: i) the transaction is notified to the Board without delay, ii) voting rights related to the acquired securities are not exercised, or are only exercised based on an exception to be granted by a Board decision in order to ensure the preservation of the full value of the investments.

Since the 2022 Communiqué, it is now mandatory for mergers to provide detailed market information including supply structure, sale and distribution channels, import conditions, market entry conditions, potential competition, efficiency gains, new entrants and demand structure regardless of their market shares provided that there is an affected market. However, the scope of market informations requested in the absence of an affected market or in case of a joint controlling party acquiring sole control over a joint venture.

In addition to filing a Form-2, which must be precisely and correctly completed, the parties are required to file a copy of the final agreement giving effect to the transaction, a copy of related documents or certificates, the most recent annual reports and accounts of the parties, and any market surveys or studies carried out with respect to the transaction.

The submission of merger filings to the TCA can be done throught the platform “e-Devlet”.

Merger notification

   The Competition Board is authorized to investigate and make a decision with respect to mergers and acquisitions. Within fifteen days following notification, having made a preliminary investigation, the Board must either permit the transaction or inform the parties that it intends to investigate further and that the transaction may not be put into effect pending a final decision.

  In assessing a merger or acquisition, the Competition Board may request information from the parties and from third parties including customers, competitors or suppliers. The latter and any other third parties demonstrating a legitimate interest in the matter may be invited to the hearing.

Under Section 9 The TCA may impose behavioural and structural remedies if it finds a competition law infringement. Structural remedies will be implemented if behavioral remedies are not sufficient to tackle the competition law concerns.

  Negative clearance, provided for in Section 8, is available in the case of mergers and acquisitions. Thus, the Board may grant a negative clearance certificate indicating that a merger/acquisition is not contrary to Section 7 of the Act.

Global Competition Law

1352. Proceedings before the Competition Board

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Les notions juridiques connexes

1352. Proceedings before the Competition Board

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise