Final Examination concerning Bayer Aktiengesellschaft s Acquisition of Monsanto Company s Sole Control Concluded (10.5.2018)

The final examination conducted according to the Board decision dated 15.05.2017 and numbered 17-16/226-M concerning Bayer Aktiengesellschaft’s Acquisition of Monsanto Company’s Sole Control was concluded.

As a result of the final examination, the Competition Board took the decision dated 08.05.2018 and numbered 18-14/261-126. Accordingly it was decided that

  • The notified transaction is subject to authorization under the scope of article 7 of the Act no 4054 and the Communiqué no. 2010/4 on Mergers and Acquisitions Calling for the Authorization of the Competition Board, which was issued based on that article
  • The commitments that Bayer submitted to EU Commission regarding vegetable seeds, cotton seed, corn seed and insecticides used for corn seeds eliminate horizontal and vertical overlaps in Turkey; therefore, the transaction concerned would not result in creating a dominant position or strengthening an existing dominant position as prohibited by the same article of the Act no 4054 and thus significant lessening of competition, as a result, it shall be authorized within the framework of the commitments submitted to and accepted by the EU Commission.

Judicial review for the decision before Ankara Administrative Courts shall be possible within 60 days as of the notification of the reasoned decision.