When should a concentration be announced?
The concentration fulfilling the condition above (Article 12/1 of the law) must be notified within 30 days from the conclusion of the merger or acquisition of control or the establishment of a joint venture with the characteristics provided for in Article 10/3 of the law, as well as the publication of the offer for purchase or exchange. Even an oral agreement of the parties selling or buying is considered a concentration and should be notified within one week to the ACA, but always when meeting the turnover limit. (Article 12/2. The concentrations provided for in paragraph 1 of this Article shall be notified within 30 days from the conclusion of the merger or acquisition of control or the establishment of a joint venture with the features provided for in Article 10/3 of the law, as well as from the publication of the public offer for purchase or exchange).
We emphasize that the concept of concentration, the obligation to notify or the entire concentration control procedure provided for in law No.9121, dated 28.07.2003 “On Competition Protection”, is the same as that provided by the European legislation. In this context, and in compliance with the obligation set forth in Article 84 of the law, it is also:
a) “The regulation on the implementation of undertaking concentration procedures” (see the Regulations-archive to download the Regulation)
b) Guideline for Concentration Notice Form (see Guidelines and Forms-archive to download the Guideline) and Concentration Notification Form (see Guidelines and Forms-archive to download the full or simplified Form), which are made available to parties having the obligation to notify the concentration. The above-mentioned by-laws are in conformity with the European legislation for this purpose.