Merger Control in the EU and Turkey: A Comparative Guide

Merger Control in the EU and Turkey, now in its second edition, examines the legislative changes that took place in 2020-2021, including the reform of the Turkish Competition Law which introduced the significant impediment to effective competition (SIEC) test into the Turkish concentration control. Turkey, which is slated to amalgamate with the European Union (EU), has been following EU principles to establish and improve its merger control regime, as well as overall competition law, keeping abreast with changes in relevant EU legislation and case law. This first-of-its-kind book furnishes a description and analysis of the relationship between the EU and Turkish merger control law and practice.

What’s in this book:

The three authors of this book—all practicing lawyers and academicians in Turkey—spotlight comparing substantive, procedural, and jurisdictional issues and draw parallels on their regulation in the two jurisdictions. The following matters are included:

• determining whether a transaction shall be regarded as a notifiable merger, hence be subject to merger control in the EU and/or Turkey
• financial thresholds used for allocating jurisdictions
• extraterritoriality of merger control
• relationship between the SIEC test and the dominance test
• determination of the relevant market
• techniques used for assessment of horizontal and non-horizontal mergers
• notification requirements
• procedural duties of competition authorities in relation to remedies
• third-party rights
• gun-jumping fines and other sanctions for failure to comply with merger control requirements, and
• peculiarities of assessment of mergers in the Big Data world

An overview of the respective issues in the EU and Turkey, projecting a clear understanding of the main similarities and dissimilarities in the two regimes, has been presented in each chapter. A notable feature is an in-depth analysis of applicable case law concerning each issue, with most of the Turkish decisions available in English for the first time.

How this will help you:

Along with these pragmatic issues, the comparative approach in the book will prove to be invaluable. With its clear answers to questions about what transactions are subject to merger control, what criteria are used in assessing those transactions, and the main issues that a foreign company should be aware of while merging with another foreign company with effect in Turkey and/or EU, the book will be highly appreciated by lawyers and their business clients dealing with multijurisdictional merger cases. The book’s content will also catch the attention of interested academics and policymakers.