The final examination conducted according to the decision of the Competition Board dated 10.10.2017 and numbered 17-31/523-M concerning the merger between Luxottica Group S.p.A. and Essilor International S.A. was concluded.
As a result of the final examination, the Competition Board took the decision dated 01.10.2018 and numbered 18-36/585-286. Accordingly it was decided UNANIMOUSLY 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 issued based on that article on Mergers and Acquisitions Calling for the Authorization of the Competition Board,
The transaction concerned would result in creating a dominant position or strengthening an existing dominant position with respect to article 7 of the Act no. 4054 and thus significant lessening of competition, therefore it shall not be authorization according to article 7 of the Act no. 4054,
However, the transaction may be authorized within the framework of the commitment package registered to the Competition Authority on 14.09.2018 with the number 6706, which includes a structural commitment (including also the commitment that Merve Optik Sanayi ve Ticaret A.Ş.’s rights related to the distribution of related brands according to the license agreement with Marcolin S.p.A. shall not be acquired by the combined undertaking) and behavioral commitments on condition that the expression on the first paragraph of the ninth page of the commitment text “apart from the abovementioned behavioral commitments related to tying, the Parties are free to make tied sales if required by opticians. Similarly” must be omitted. 
The Competition Board shall reevaluate the behavioral commitments at the end of three years,
With respect to authorization, divestiture of Merve Optik Sanayi ve Ticaret A.Ş. is a condition and other behavioral issues listed in the commitments are obligations, in case the condition is not fulfilled as required or not fulfilled at all, the authorization shall be invalid and the provisions of article 16 of the Act no. 4054 may be applied, in case the obligations are violated, the parties may be imposed administrative fines according to article 7 of the same Act,
Judicial review for the decision before Ankara Administrative Courts shall be possible within 60 days as of the notification of the reasoned decision.