Technology Undertaking Exemption Revisited: Recent Amendments Redefine Tech Merger Notifications In Turkey

When the Turkish Competition Authority ("TCA") reformed CommuniquéNo.2010/4 in 2022, it sought to ensure that the rapidly evolving digital economy did not fall outside merger control. The amended rules defined technology undertakings as undertakings active in areas such as digital platforms, software (including gaming software), financial technologies, biotechnology, pharmacology, agricultural chemicals and health technologies. Transactions involving these undertakings were exempt from the standard local turnover threshold: no individual Turkish turnover requirement applied if either the parties' combined Turkish turnover exceeded or the acquirer's worldwide turnover exceeded the threshold. The exemption used to capture technology undertakings operating in the Turkish market, conducting R&D in Turkey or providing services to Turkish users. By removing the local threshold, the regime ensured that acquisitions of low‑turnover but high‑potential digital start‑ups would