TÜRKIYE Trends and Developments Contributed by: Gönenç Gürkaynak, K Korhan Yıldırım and Görkem Yardım, ELIG Gürkaynak Attorneys-at-Law
ELIG Gürkaynak Attorneys-at-Law Çitlenbik Sokak No 12 Yıldız Mahallesi 34349
Beşiktaş İstanbul Türkiye
Tel: +90 212 327 17 24 Fax: +90 212 327 17 25 Email: gonenc.gurkaynak@elig.com Web: www.elig.com
Changes to the sectoral merger control regime The Amended Communiqué No 2010/4 also revised rules for undertakings operating in the field of digi - tal platforms, software or gaming software, financial technologies, biotechnology, pharmacology, agricul - tural chemicals or healthcare technologies, or their related assets. Accordingly, in merger transactions where at least one of the transaction parties is an undertaking established or located in Türkiye and active in the fields described above or assets related to those fields, and in transactions involving the acqui - sition of such undertakings, the TRY1 billion thresh - olds set out above shall be applied as TRY250 million, for the transaction party subject to the acquisition (ie, the target). Simplified template notification form The Amended Communiqué No 2010/4 also simpli - fied the template notification form by removing cer - tain information requirements and reducing the level of detail required where the parties’ combined market share is below 15% in horizontally affected markets and the market share of a transaction party is below 20% in vertical relationships in Türkiye. It also intro - duces greater procedural convenience for acquisitions made by venture capital investment trusts, venture capital investment funds and private equity invest - ment vehicles. In particular, for filings including these parties, the scope of information required in the notifi - cation form is limited to their activities and turnover in Türkiye. Accordingly, they are not required to submit detailed information regarding their global activities. Where the undertakings confirm that their worldwide turnover exceeds the applicable global threshold, it
The Amended Communiqué No 2010/4: Changing Rules for Turkish Competition Board Approval The Turkish Competition Authority (TCA) has intro - duced significant changes to the rules applicable to transactions that are subject to the approval of the Turkish Competition Board (the “Board”). These changes entered into force through Communiqué No 2026/2 amending Communiqué No 2010/4 on the Mergers and Acquisitions Subject to the Approval of the Competition Board, published in the Official Gazette on 11 February 2026 (“Amended Communi - qué No 2010/4”). Increase of jurisdictional thresholds The Amended Communiqué No 2010/4 revised the jurisdictional thresholds by increasing both the indi - vidual and aggregate Turkish turnover thresholds, as well as the global turnover threshold. In this context, the Turkish turnover threshold for each of the trans - action parties (ie, for acquisitions, the Turkish turno - ver of the transferred assets or businesses being acquired, or, for mergers, the Turkish turnover of any of the parties being merged), previously TRY250 mil - lion (approximately USD6.3 million or EUR5.6 million), has been set at TRY1 billion (approximately USD25.3 million or EUR22.4 million); the aggregate Turkish turnover threshold for the parties to a concentration, previously TRY750 million (approximately EUR16.8 million or USD19 million), has been increased to TRY3 billion (approximately USD76 million or EUR67.2 mil - lion); and the global turnover threshold for at least one of the other parties to the transaction, previously TRY3 billion, has been increased to TRY9 billion (approxi - mately USD228.2 million or EUR201.6 million.
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