The Turkish Competition Authority Has Published the Updated Guidelines on Mergers and Acquisitions.
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As is known, within the scope of the efforts carried out for the update of the merger and acquisition legislation, certain amendments were made to the Communiqué Concerning the Mergers and Acquisitions Calling for the Authorization of the Competition Board (Communiqué No. 2010/4) in February 2026. In alignment with the updated version of the Communiqué, the Turkish Competition Board has also amended various guidelines, and the guidelines containing these amendments have been published on the official website of the Turkish Competition Authority.
The updated guidelines and the primary amendments made therein are as follows:
Guidelines on Cases Considered as a Merger or an Acquisition and the Concept of Control
It has been clarified that the provision regulated in Article 8(5) of the Communiqué—stating that two or more transactions realized between the same persons or parties, or by the same undertaking in the same relevant product market within a three-year period, shall be considered as a single transaction for the
calculation of turnovers—shall also apply to transactions regarding the formation of a joint venture.
Guidelines on Undertakings Concerned, Turnover and Ancillary Restraints in Mergers and Acquisitions
In parallel with the regulations made in the Communiqué, amendments have been made regarding the definition of the party to the transaction and the updated notification thresholds.
For the examinations to be conducted regarding joint ventures, additional explanations and examples have been provided concerning the definition of the undertaking concerned in the acquisition of joint control.
It has been clarified that sales in Türkiye must also be included in the calculation of the world turnover.
Matters to be taken into account in the calculation of the Turkish turnover in transactions involving technology undertakings have been specified.
An explanation has been provided regarding the commencement of the three-year period regulated in Article 8(5) of the Communiqué.
Guidelines on the Assessment of Horizontal Mergers and Acquisitions / Guidelines on the Assessment of Non-Horizontal Mergers and Acquisitions
The principles regarding the assessment of cooperative effects that may arise between parent undertakings due to a joint venture have been explained.
You can access relevant guidelines of the Turkish Competition Authority via this link.
AUTHORS
Nuri Melih İnce
