Turkish Merger Control: Is Your Joint Venture Subject To Notification To The Turkish Competition Authority?

Under the Communiqué No. 2010/4 on Mergers and Acquisitions Subject to the Approval of the Competition Board ("Communiqué No. 2010/4"), joint ventures may also be subject to a mandatory merger control notification to the Turkish Competition Authority if the necessary requirements are met.

To identify whether a joint venture transaction should be notified to the Turkish Competition Authority, observe the following steps:

Step 1: Identify the type of the Joint Venture:

Article 5/3 of the Communiqué No. 2010/4 defines a joint venture as an entity that permanently fulfills all functions of an independent economic entity. In other words, for a joint venture to be subject to a mandatory merger control notification, the joint venture must be a full function joint venture.