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ARTICLE · 12 NOVEMBER 2024

Turkish Merger Control Rules On Notification Of Extraterritorial Joint Ventures

Kolcuoglu Demirkan Koçakli
Kolcuoglu Demirkan Koçakli
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Kolcuoglu Demirkan Koçakli

Kolcuoglu Demirkan Koçakli

The Firm Kolcuoğlu Demirkan Koçaklı (KDK) is an independent Turkish law firm advising domestic and...

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Recently, the Turkish Competition Board ("Board") published its clearance decision on the establishment of a joint venture between Mercedes-Benz Group China Ltd. ("Mercedes-Benz") and BMW Brilliance Automotive Ltd.

TurkeyAntitrust/Competition Law

Recently, the Turkish Competition Board ("Board") published its clearance decision on the establishment of a joint venture between Mercedes-Benz Group China Ltd. ("Mercedes-Benz") and BMW Brilliance Automotive Ltd. ("BMW") to develop and operate a high-speed charging infrastructure network in China for battery electric vehicles ("BEVs"). The Board's decision1 ("Decision") provides an important example of how Turkish merger control regime's reach may extend to joint ventures lacking direct presence within the Turkish market.

  1. Turkish Merger Control Regime and Joint Ventures

Under Law No. 4054 on the Protection of Competition ("Competition Law"), certain mergers and acquisitions must obtain the Board's clearance to be legally valid. The transactions that require the Board's clearance are determined under Communiqué No. 2010/4 on Mergers and Acquisitions Subject to the Authorization of the Competition Board (the "Communiqué"). According to the Communique, ".

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