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Pursuant to the Communiqué on the Amendment of the Communiqué on the Procedures and Principles to be Followed in Pre-Notifications and Authorization Applications to be Made to the Competition Authority for the Legal Validity of Acquisitions through Privatization (Communiqué No: 2026/3), published in the Official Gazette dated 11 February 2026 and numbered 33165, the turnover threshold applicable to privatization transactions subject to pre-notification has been amended.
The aforementioned Communiqué regulates the procedures and principles governing the pre-notification and authorization processes to be conducted before the Competition Authority in order for acquisitions carried out through privatization to obtain legal validity under Law No. 4054 on the Protection of Competition. Accordingly, prior to the public announcement of the tender specifications regarding the privatization of the undertaking or the unit engaged in the production of goods or services, a pre-notification must be submitted to the Competition Authority, and the opinion of the Competition Board must be obtained concerning the potential competitive effects that may arise in the market as a result of the privatization.
With the amendment, the turnover threshold triggering the obligation to submit a pre-notification to the Competition Authority in privatization-related acquisitions has been increased from TRY 250 million to TRY 1 billion. Accordingly, if the turnover of the undertaking or the relevant unit engaged in the production of goods or services to be privatized exceeds TRY 1 billion, a pre-notification must be filed with the Competition Authority prior to the public announcement of the tender specifications, and the opinion of the Competition Board regarding the potential competitive effects of the privatization must be obtained.
Effective Date
Communiqué No. 2026/3, implemented by the President of the Competition Authority, entered into force as of the date of its publication.
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