The Turkish Competition Authority approves the acquisition of a manufacturing company subject to commitments submitted to the EU Commission (Nidec / Embraco)

This case summary concerns an analysis of the Board’s Nidec/Embraco decision, [1] regarding the acquisition of sole control over the compressor manufacturing business (“ Embraco ”) of Whirlpool Corporation (“ Whirlpool ”) by Nidec Corporation (“ Nidec ”). Within the scope of its preliminary review (Phase I), the Board considered that the transaction would affect various markets in Turkey in which competition law concerns could realistically arise, and thus, decided to initiate a Phase II review. In the Phase II review, the Board conditionally approved the transaction in the face of the commitments submitted by Nidec to the European Commission (“ Commission ”), resolving that the commitments also addressed Turkey- specific competition law concerns. Background Nidec was active in the