Mergers and Acquisitions Legislation has been Updated
Communication on Amendments to the Communication on Mergers and Acquisitions Requiring Approval from the Competition Authority (2010/4) (2026/2) Published
The "Communication on Amendments to the Communication on Mergers and Acquisitions Requiring Approval from the Competition Authority (Communication No: 2010/4)" (Communication No: 2026/2), significant changes have been made to the notification thresholds and evaluation criteria for merger and acquisition transactions.
The regulation first redefines the concepts of "relevant undertaking," "transaction party," and "technology undertakings"; it creates a special category for undertakings operating in the fields of digital platforms, software and game software, financial technologies, biotechnology, pharmacology, agricultural chemicals, and health technologies.
Turnover thresholds have been updated under the Communiqué; if certain Turkish and global turnover thresholds are exceeded, obtaining permission from the Competition Board is mandatory for mergers and acquisitions to be legally valid. Furthermore, for transactions involving technology enterprises based in Turkey, some thresholds have been set lower to ensure closer monitoring of transactions in this area.
Furthermore, the principles regarding turnover calculation in acquisition transactions have been clarified; the regulation concerning the notification date has been amended; and the provisions regarding the Authority's powers of examination, referral to final examination, suspension process, and conditional approval have been clarified. The competition assessment for joint ventures has also been explicitly reflected in the text of the Regulation.
The Circular entered into force on the date of its publication and updates the conditions for merger and acquisition transactions to be subject to competition law scrutiny in line with economic conditions.