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ARTICLE · 08 DECEMBER 2022

Mergers Through Privatization

Acquisition of an undertaking by a person or another undertaking through privatization is a merger and acquisition in accordance with LPC art.7. Therefore, mergers and acquisitions...

TurkeyCorporate/Commercial Law

Acquisition of an undertaking by a person or another undertaking through privatization is a merger and acquisition in accordance with LPC art.7. Therefore, mergers and acquisitions that are considered illegal and invalid as specified in Article 7 will also be applied to said mergers through privatization.

Privatization transactions are carried out by the Privatization Administration (PA). In addition, the legislation to which privatization transactions are subject is the Privatization Law No. 4046. LPC, on the other hand, is a law that was later removed from the Privatization Law. Therefore, the Privatization Law including provisions on protecting of competition will not lead to a change in the fact that the provisions of the LPC will be applied to a concrete event. In fact, it will strengthen the situation in question even more. As a matter of fact, following the emergence of various hesitations in the doctrine on the existence of a parallel regulation with articles

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