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ARTICLE · 09 DECEMBER 2022

Rekabethukukunda Birleşmeve Devralmaişlemlerive Azinlikhisse Devirleri

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Rekabet Hukuku kapsamında birleşme ve devralma sayılan hâllerin neler olduğu ve hukuki geçerlilik kazanabilmesi için Rekabet Kurulu'ndan izin alınması gereken birleşme veya devralmalar...

TurkeyAntitrust/Competition Law
Ahmet Önder
Ahmet Önder
Buse Güler
Buse Güler
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ÖZET

Rekabet Hukuku kapsamında birleşme ve devralma sayılan hâllerin neler olduğu ve hukuki geçerlilik kazanabilmesi için Rekabet Kurulu'ndan izin alınması gereken birleşme veya devralmalar ile bunların Rekabet Kurulu'na bildirilmesi usul ve esasları, 4054 sayılı Rekabetin Korunması Hakkında Kanun'un 7. maddesi çerçevesinde 2010/4 sayılı Rekabet Kurulu'ndan İzin Alınması Gereken Birleşme ve Devralmalar Hakkında Tebliğ ile düzenlenmiştir. Birleşme ve devralmalar, bazı hâllerde pazardaki rekabetin ve dolayısıyla tüketici refahının önemli ölçüde azaltılması sonucunu doğurabildiğinden ilgili pazarda oluşan özgün ve dışlayıcı pazar gücünün pazardaki rekabet üzerindeki olumsuz etkilerini önleme ve rekabetin bozulduğu pazar yapılarının önüne geçmek amacıyla kontrol edilmektedir. Yakın zamanda gerek uygulamada fark edilen eksiklikler gerekse güncel rekabet hukuku yaklaşımları dikkate alınarak yoğunlaşmaların kontrolüne ilişkin mevzuatın gözden geçirilmesine yönelik

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