Different Assessment Of Non-Full Function Joint Ventures In The EU And Turkish Merger Control Regimes: Austria Asphalt vs. Juki

The competition law in Turkey is modeled after the European Union ("EU") competition law and the provisions that concern substantial issues, including merger control, are almost the same in both jurisdictions. Due to the sameness of the underlying rules that govern merger control and the richness of the accumulated experience on the part of the EU institutions such as the European Commission ("Commission") and the Court of Justice of the EU ("CJEU"), the Turkish Competition Authority ("TCA") values the guidance of these institutions and generally chooses to stick with their interpretations. However, there may always be some exceptions, such as the one discussed in this article. Namely, the assessment of transactions leading to the formation of (non-greenfield) non-full function joint ventures ("JVs").