The Turkish Competition Authority rejects a request to have an approved merger reclassified as an approved acquisition (Slim Fusina / NFRP)

Introduction With its decision dated 17 March 2022 and numbered 22-13/205-88, the Turkish Competition Authority (“TCA”) cleared the transaction concerning the merger of Slim Fusina Rolling S.R.L. (“Slim Fusina”) and Niche Fusina Rolled Products S.R.L. (“NFRP”) (the “Transaction”) on the grounds the Transaction does not significantly impede effective competition. However, with a follow-up submission, the transaction parties argued that the Transaction should have been deemed an “acquisition” and not a “merger” as the TCA categorized it. Accordingly, the parties requested TCA re-evaluate its decision based on Article 11 of Law No. 2577 on Administrative Judicial Procedure. As a result of its re-evaluation, with its decision dated 27 October 2022 and numbered 22-49/722-302 (the