Sectoral Threshold Exception Explained: Concentrations In Certain Sectors Are Now Expected To Be Way More Frequently Notifiable In Turkey

(1) Introduction

On March 4, 2022 the Turkish Competition Authority ("Authority") published the Communiqué No. 2022/2 on the Amendment of Communiqué No. 2010/4 on the Mergers and Acquisitions Subject to the Approval of the Competition Board ("Amendment Communiqué"). The Amendment Communiqué introduces certain new regulations concerning the Turkish merger control regime, which will fundamentally affect the notifiabiliy analysis of the transactions and the merger control notifications submitted to the Authority.

Pursuant to Article 7 of the Amendment Communiqué, the changes introduced by the Amendment Communiqué will become effective two months after the Amendment Communiqué's promulgation on the Official Gazette. Accordingly, the changes that Amendment Communiqué entails will be effective May 4, 2022 onwards. In this sense, the regulations introduced by the Amendment Communiqué, including the threshold exemptions for certain sectors, will not be applicable to