Turkey: Innovation-Based Analysis of Mergers

Concurrences Review N° 1-2019, Art. N° 88891

11 Pages Posted: 5 May 2019

See all articles by Gonenc Gurkaynak

Gonenc Gurkaynak

ELIG Gürkaynak Attorneys-at-Law

Naz Topaloğlu

Barcelona Graduate School of Economics (Barcelona GSE), Students; ELIG Gürkaynak Attorneys-At-Law

Date Written: February 1, 2019

Abstract

Innovation can either be viewed by the competition authorities as a parameter that should be protected from the potential negative effects of a transaction, or it can be utilized by the merging parties as part of a defense argument to set off against or abate the anticompetitive concerns raised by the competition authorities. Whenever the notion of innovation causes competition-related concerns, enforcement authorities recognize and acknowledge the importance of innovation in an effort to protect it; yet, whenever arguments are put forth by the parties to the transaction in order to incorporate innovation as a defense, such arguments are met with resistance or they are overlooked. Although competition authorities have recognized the importance of innovation in many of their decisions, we are at a critical turning point for the future of merger control analysis, as it is time for competition enforcement authorities to make an essential change to the high standards applied to the innovation defenses raised by the merging parties in practice, and adjust their enforcement standards to the requirements of the modern global economy.

Note: 'Article published in Concurrences Review, N°1-2019, www.concurrences.com/'.

Keywords: Innovation, Mergers, Turkey, Competition Law

JEL Classification: K21, L40

Suggested Citation

Gurkaynak, Gonenc and Topaloğlu, Naz, Turkey: Innovation-Based Analysis of Mergers (February 1, 2019). Concurrences Review N° 1-2019, Art. N° 88891, Available at SSRN: https://ssrn.com/abstract=3359622

Gonenc Gurkaynak (Contact Author)

ELIG Gürkaynak Attorneys-at-Law ( email )

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

Naz Topaloğlu

Barcelona Graduate School of Economics (Barcelona GSE), Students ( email )

Ramon Trias Fargas, 25-27
Barcelona
Spain

ELIG Gürkaynak Attorneys-At-Law ( email )

Yıldız Mah. Çitlenbik Sk. No:12
İstanbul, 34349
Turkey

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