With a historical decision, the Competition Board authorized the Tofaş / Stellantis acquisition. Tying the authorization concerned to a requirement for the parties to make investments is a first in the history of the Authority. This decision is expected to make a significant contribution to international case law and literature, since it demonstrates that the criteria of social welfare, which is generally addressed based on static price/output analyses, should be approached with a broader understanding that takes into account dynamic effects of competition.
The Competition Board accepted the second commitments package submitted by the parties, and authorized the Tofaş/Stellantis acquisition. Commitments submitted include an investment plan, certain measures that will be taken in the distribution/sales channel and protections on domestic production. The relevant investment plan, in which Tofaş makes a commitment to increase production and export capacity, is expected to make significant contribution to employment, as well. The investment plan is projected to have a positive impact on the main automotive industry as well as the supply industry.
The contribution to the Turkish economy and to the improvement of societal welfare expected from the transaction, particularly with the commitments in question, constituted the main rationale behind the Board's authorization. In addition to the investment plan, the parties submitted commitments involving certain measures in the distribution and sales channel. The measures in question, which are intended to remove the transaction’s potential to restrict consumer choice and distribution/sales activities of competing brands, played a significant part in the authorization decision. This was intended to prevent the risk of the dealers owned by the transaction parties transforming into “one-stop-shops”. During the final examination process, the Board requested opinions from a considerable number of competing undertakings and third parties. Any issues pointed out in these opinions were individually taken under consideration and assessment in the Board’s detailed study on the transaction.
In October 2024, The Competition Board had rejected the initial commitment package submitted by the parties, deeming it insufficient.