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ARTICLE · 05 AUGUST 2022

Turkish Competition Authority Awaiting Official Assignment Of New Board Members To Re-Establish Final Decision Quorum

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

ELIG Gürkaynak Attorneys-at-Law

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The Competition Board (the "Board"), the competent decision-making organ of the Turkish Competition Authority, no longer has the quorum required to render final/executable decisions...

TurkeyAntitrust/Competition Law

The Competition Board (the "Board"), the competent decision-making organ of the Turkish Competition Authority, no longer has the quorum required to render final/executable decisions as the tenure of three (3) members came to an end as of the beginning of August 2022. Final decisions, including merger clearance decisions, closure of pre-investigation and investigation procedures, are currently pending while the Board is awaiting official assignment of new board members to re-establish final/executable decision quorum.

Per Article 22 of Law No.4054 on Protection of Competition ("Law No. 4054"), the Board consists of 7 members. Article 51 of Law No. 4054 provides that the quorum for meetings of the Board is five (5) members, while the decision quorum is four (4) members. As the tenure of three (3) members of the Board came to an end as of August 2022, the Board no longer has the quorum required to take final/executable decisions, with only four (4) members left. This

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