Appointing a monitoring trustee can make it easier to get an M&A transaction approved
We know that the Turkish Competition Authority (“TCA”)is not very keen on behavioural remedies. There are several reasons for this, but an important one is the cost and workload involved in monitoring the implementation of behavioural remedies. However, a monitoring trustee selected by the merging parties and appointed with the approval of the Board can carry out monitoring and supervision activities on behalf of the TCA. It would be beneficial for the parties to include the appointment of a monitoring trustee in the package when designing their behavioural commitments.
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