The three vacancies of the Turkish Competition Board
("Board"), the competent decision-making organ of the
Turkish Competition Authority, which have been vacant for almost
three months, have now been filled.
Pursuant to the Decree of the Council of Ministers numbered
2015/7867 published on the Official Gazette dated June 24, 2015,
and numbered 29396, the Council of Ministers resolved that the
following persons have been appointed to the Board: (i) Prof. Dr.
Ömer Torlak, who was nominated by the Union of Chambers and
Commodity Exchanges of Turkey, and appointed to act as the Chairman
of the Board, (ii) Arslan Narin, who was nominated by the Ministry
of Customs and Trade, and appointed to act as the Deputy Chairman
of the Board, (iii) Kenan Türk, who was nominated by the
Supreme Court of Appeals, and appointed to act as a member of the
This appointment was long awaited since the entire Board was
unable to adopt any decisions on any matter since early April 2015,
when the Board had lost the necessary meeting quorum due to three
members leaving their positions, for the first time in its 18-year
history. Hence, final decisions concerning certain matters,
including merger control decisions, pre-investigations and
investigations, were pending due to the Board's lack of
During this period a number of cases have obtained tacit
approval pursuant to Article 10(2) of Law No. 4054 on the
Protection on the Competition which provides that "If
Board does not respond to or take any action for the
application as to a merger or acquisition within due time, merger
or acquisition agreements shall take effect and become legally
valid after 30 days as of the date of the
Although the inauguration date of the newly appointed members of
the Board is not explicitly spelled out in the relevant
legislation, as a general rule, the Chairman and members of the
Board may not assume office prior to taking an oath before the
Supreme Court of Appeals. In this respect, the application for the
oath is deemed as an urgent matter by the Supreme Court of
While the Board may have some back-log, once the newly appointed
members resume their duties, the Board will carry on with the
pending matters in its agenda, including merger control matters and
pre-investigations as well as investigation files. Therefore, the
Board now has a busy agenda and is expected to start initiating
pre-investigations which were delayed due the lack of quorum.
With the appointment by the Council of Ministers, the Board is
now composed of Ömer Torlak (Chairman), Arslan Narin (Deputy
Chairman), Kenan Türk (Member), Reşit Gürpınar
(Member), Fevzi Özkan (Member), Tahir Saraç (Member),
Metin Arslan (Member). Brief background information on the newly
appointed members is provided below:
Ömer Torlak was appointed to Eskişehir Osmangazi
University Faculty of Economic and Administrative Sciences in 2002
as associate professor, and in 2007 he has received professor
degree. He was working as Dean at the Faculty of Economic and
Administrative Sciences in 2011 and 2012. He was appointed to
Karatay University as Chancellor in 2012. Mr. Torlak has several
books, book editing and contributions along with articles. He was
also a speaker in many congresses and symposia.
Kenan Türk, a graduate of Ankara University Law School and
served as a judge between the years 2000 and 2002. He was
appointed as judge to the Supreme Court of Appeals in 2010, and
later as member of the Board in November 2012, to serve until March
Arslan Narin was appointed to the First Legal Consultancy
Department of the Supreme Council of Radio and Television as a
legal counsel in January 2009 and as a vice president of the
Supreme Council of Radio and Television in 2011. He was appointed
to the Ministry of Finance as a legal affairs manager and a
proceeding general manager. Mr. Narin graduated from Ankara
University Law School in 1993.
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