Merger and acquisition control in Competition Law and its private law consequences

Legal systems aiming to protect the market economy aimed to provide an effective competitive environment and to protect this competitive environment they needed some regulations in line with these aims. Competition law norms are responsive to this need and serve the purpose of providing the aforementioned effective competitive environment in systems where market economy and free competition are accepted. Competition norms protect effective competition by envisaging a number of public and private law sanctions against legal acts and actions that harm competition. Both foreign legal systems and Turkish Competition Law regulations have also foreseen some results in parallel. One of the transactions that may harm competition is mergers and acquisitions, in other words concentrations. The Turkish Act on the Protection of Competition aims to prevent these harmful effects of these mergers and acquisitions. In this study, the regulations and court decisions about the mergers and acquisitions control and the private law sanctions of this control system were examined. In the first part of the study, the regulations in Turkish, US and EU legal systems, which are related to the supervision of mergers and acquisitions in competition law and the results of private law, were examined and the legislation regarding the continuation of the study was introduced in the light of court decisions. In the second part of the study, it is aimed to examine the inspection system of mergers and acquisitions in accordance with the Act on the Protection of Competition, the communiqués issued by the Competition Board and other relevant regulations, with its aspects that also concern the results of private law. In the third part, the sanctions of competition violations arising from the violation of the norms regarding mergers and acquisitions were examined. After examining the invalidity sanction and the liability for compensation, the discussion on the liability for compensation and stating the opinion defended by us, the study was concluded.