Comparative Guides

Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.

Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.

Start by selecting your Topic of interest below. Then choose your Regions and finally refine the exact Subjects you are seeking clarity on to view detailed analysis provided by our carefully selected internationally recognised experts.

4. Results: Answers
Merger Control
Can the parties negotiate remedies to address any competition concerns identified? If so, what types of remedies may be accepted?

Answer ... The parties have the discretion to submit remedies, under the Guidelines on the Remedies that Would Be Permitted by the Turkish Competition Authority in the Mergers and Acquisitions. The parties can submit either behavioural or structural remedies. According to the Guidelines on Remedies, structural remedies take precedence over behavioural remedies, as they produce preferable and concrete results; however, in some cases the Competition Board has nonetheless accepted behavioural remedies.

The Competition Board will not impose remedies itself or revise the proposed remedies ex parte. If the Competition Board considers the submitted remedies insufficient, it may allow the parties to make further changes to them. If the remedies are still insufficient to resolve the competition concerns, the Competition Board will not grant clearance.

For more information about this answer please contact: Gönenç Gürkaynak from ELIG Gürkaynak Attorneys-at-Law
What are the procedural steps for negotiating and submitting remedies? Can remedies be proposed at any time throughout the review process?

Answer ... The form and content of divestiture remedies vary significantly in practice. The Guidelines on Remedies set out all applicable procedural steps and conditions. The parties must submit detailed information as to how the remedies will be applied and how they will resolve the competition concerns.

The parties can submit to the Competition Board proposals for possible remedies during either the preliminary review (Phase I) or the investigation period (Phase II).

While the parties can submit remedies during Phase I, the notification is deemed filed only on the date of submission of the commitments. In any case, a signed version of the remedies containing detailed information on their context and a separate summary should be submitted to the Competition Authority. The Guidelines on Remedies also provide a form that lists the necessary information and documents to be submitted in relation to the remedies.

For more information about this answer please contact: Gönenç Gürkaynak from ELIG Gürkaynak Attorneys-at-Law
To what extent have remedies been imposed in foreign-to-foreign transactions?

Answer ... In several cases the Competition Board has accepted remedies or commitments (eg, divestments) proposed to, or imposed by, the European Commission, as long as these would ease competition law concerns in Turkey (Agilent-Varian, 10-18/212-82, 18 February 2010; Maersk Line-HSDG, 17-15/210-89, 4 May 2017; Valeo/FTE Group, 17-35/560-244, 26 October 2017; Monsanto/Bayer, 18-14/261-126, 8 May 2018). Furthermore, the Competition Board accepted structural and behavioural remedies in granting conditional clearance to the merger of Luxottica and Essilor in 2018 (18-36/585-286, 1 October 2018).

For more information about this answer please contact: Gönenç Gürkaynak from ELIG Gürkaynak Attorneys-at-Law