An Examination Of The 'Technology Undertaking' Concept Post-Introduction: Dispelling Ambiguities?

In March 2022, the Authority incorporated a new terminology into Turkish competition law, namely “technology undertakings¹ ”, with the primary objective of identifying so-called “killer acquisitions”. Should a target entity fit this definition, a simplified turnover threshold is applied; if other thresholds are satisfied, the transaction may warrant notification without adhering to the TRY 250 million turnover threshold designated for the target.

We have previously delved into the broad scope of this novel concept in earlier editions, underscoring the resultant confusion among practitioners of Turkish competition law. The absence of secondary legislation or guidelines explicating the specifics of this exception is at the root of this perplexity, rendering the case-law of the Board invaluable for establishing the practice.