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ARTICLE · 15 DECEMBER 2015

An Analysis Of Remedies In Concentrations Under Turkish Competition Law

ELIG Gürkaynak Attorneys-at-Law
ELIG Gürkaynak Attorneys-at-Law
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ELIG Gürkaynak Attorneys-at-Law

ELIG Gürkaynak Attorneys-at-Law

ELIG Gürkaynak Attorneys-at-Law is an eminent, independent Turkish law firm based in Istanbul. The...

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Merger remedies have an important role in the assessment of problematic concentrations which also create certain efficiencies.

TurkeyAntitrust/Competition Law
Gönenç Gürkaynak
Gönenç Gürkaynak
Zeynep Ortaç
Zeynep Ortaç
Su Şimşek
Su Şimşek
Göktuğ Can Burul
Göktuğ Can Burul
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I. Introduction

Merger remedies have an important role in the assessment of problematic concentrations which also create certain efficiencies. Since 2014, the number of the transactions that have been made subject to Phase II review by the Turkish Competition Board has shown increase. In connection with this trend, it is also observed that remedies are implemented to remove competition law concerns raised by some of these mergers. Accordingly, the importance of conditional clearances and the remedies has been strengthening under Turkish merger control regime.

This article first presents the mainstream principles, design and implementation of merger remedies and then looks into recent application of remedies by the Turkish Competition Board ("Board") in Phase II review of concentrations1. Particularly Bekaert/Pirelli2 is significant where the Board granted an approval conditioned on the effective use of behavioral remedies. Recent decisions of the Board signal that

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