Introduction
The Communique Concerning Merger and Acquisitions Calling for
the Authorization of the Competition Board
("Communique")1 defined the concept of
affected market, and regulated the information that parties are
obliged to provide notification for.
Prior to the amendment of the Communique, with Communiqué
No. 2012/3, published in the Official Gazette dated 29.12.2012, and
numbered 28512, the significance of the concept of affected market
was that the parties of the merger or acquisition were not obliged
to obtain the Board's authorization if there is no affected
market.
It was accepted that such Regulation had been intended to
decrease the number of unnecessary notifications. This
implementation gave representatives, or authorized persons, of the
undertakings the freedom to abandon the notification requirement in
cases where the affected market was beyond question. This
Regulation further provided an exception for joint ventures, and
kept the joint
