Emerging Markets and U.S. Horizontal Merger Guidelines: A Turkish Competition Law Perspective

Journal of Competition Law & Economics, 10(2), 445–474, 2014

30 Pages Posted: 28 Mar 2018

See all articles by Gonenc Gurkaynak

Gonenc Gurkaynak

ELIG Gürkaynak Attorneys-at-Law

Serdar Dalkir

CRETC Competition & Regulation Economics Testimony and Consulting LLC

Derya Durlu Gürzumar

University of Neuchâtel

Date Written: February 21, 2014

Abstract

Developed economies have historically been a model for emerging market economies, particularly in the development and enforcement of competition laws. Modifications to competition law rules in developed economies, however, may not always be practical for emerging market economies to adopt. Insufficient knowledge, experience, and power of competition law authorities in emerging markets require a structure with greater legal certainty rather than one that provides a wide berth for interpretation. This article provides an overview of some of the significant developments in the 2010 U.S. Horizontal Merger Guidelines from an emerging market perspective. While taking into consideration the general characteristics of emerging market countries, the treatment of four specific topics under the new Guidelines will be scrutinized from a law and economics perspective: market definition, market shares and market concentration, market entry, and coordinated effects. This article also delves into discussions of Turkish competition law matters, as an example of emerging merger regime models, with respect to each of the four areas of discussion.

Keywords: Emerging Markets, the U.S. Horizontal Merger Guidelines, Turkish Merger Control Regime

JEL Classification: K21, L40

Suggested Citation

Gurkaynak, Gonenc and Dalkir, Serdar and Durlu Gürzumar, Derya, Emerging Markets and U.S. Horizontal Merger Guidelines: A Turkish Competition Law Perspective (February 21, 2014). Journal of Competition Law & Economics, 10(2), 445–474, 2014, Available at SSRN: https://ssrn.com/abstract=3149354

Gonenc Gurkaynak (Contact Author)

ELIG Gürkaynak Attorneys-at-Law ( email )

Çitlenbik Sokak No:12
Yıldız Mahallesi
Istanbul, Beşiktaş 34349
Turkey

Serdar Dalkir

CRETC Competition & Regulation Economics Testimony and Consulting LLC ( email )

DC
United States
202-681-0749 (Phone)

Derya Durlu Gürzumar

University of Neuchâtel ( email )

Neuchatel, CH-2000
Switzerland

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