The Turkish Competition Authority evaluates the transaction concerning the acquisition of sole control of a shipping company by a terminal investor (TIL / Marport)

This case summary includes an analysis of the Turkish Competition Board’s (“Board”) Marport decision [1] in which the Board evaluated the transaction concerning the acquisition of sole control of Marport Liman İşletmeleri Sanayi ve Ticaret Anonim Şirketi (“Marport”) by Terminal Investment Limited Sàrl (“TIL”) within the scope of Article 7 of the Law No. 4054 on the Protection of Competition (“Law No. 4054”). In its competitive assessment, the Board applied the Significant Impediment to Effective Competition (“SIEC”) test which had been recently introduced to the Turkish competition law enforcement by the Law No. 7246 Amending the Law on the Protection of Competition (“Law No. 7246”) [2]. In its evaluation, the Board also took into consideration market-specific factors such as the narrow