Business & Commerce

Communiqué on Amending the Communiqué on the Procedures and Principles to be Followed in Pre-Notifications and Permit Applications to the Competition Authority for Privatization Acquisitions (Communiqué No: 2026/3)

🇹🇷Türkiye··Communiqué·Medium Impact0·View source ↗

AI-generated summary for informational purposes only. Not legal advice. See the original source for the authoritative text.

🇬🇧 English

This 2026 amendment updates Turkey’s privatization-related competition rules. It raises the revenue threshold that triggers mandatory pre-notification to the Competition Authority. Privatization transactions involving an enterprise or production unit with annual turnover exceeding 1 billion Turkish Lira now require a pre-notification to the Competition Authority before the tender conditions are publicly announced. The Authority must provide a competitive assessment opinion that will guide the preparation of the tender specifications. Sales made by the entity to public institutions and local administrations under legal obligations are explicitly excluded from the turnover calculation.

AI-generated summary. May contain errors. Refer to official sources for legal decisions.

Key Changes

  • Mandatory pre-notification to the Competition Authority required before public announcement of tender conditions
  • Turnover threshold for triggering pre-notification raised to 1 billion Turkish Lira
  • Competition Authority must provide a competitive assessment opinion to guide preparation of tender specifications

+ 3 more changes with Pro

Obligations

What this law requires

high

Conduct pre-notification to the Competition Authority before publicly announcing tender conditions for any privatization acquisition where the enterprise or production unit has annual turnover exceeding 1 billion Turkish Lira

Entities conducting privatization acquisitions in Turkey
reporting
high

Obtain a competitive assessment opinion from the Competition Authority that evaluates market results following privatization before preparing tender specifications

Entities conducting privatization acquisitions exceeding the 1 billion Turkish Lira turnover threshold
licensing
high

Use the Competition Authority's opinion as the basis for preparing tender specifications and conditions

Entities conducting privatization acquisitions exceeding the 1 billion Turkish Lira turnover threshold
operational
medium

Exclude sales made to public institutions and local administrations under legal obligations from turnover calculations when determining the pre-notification threshold

Entities calculating turnover for privatization pre-notification purposes
operational

Affected Parties

State-owned enterprises undergoing privatizationPotential private acquirers and investors+3 more…

Tags

privatization,competition law,pre-notification