NEWSLETTER-2019-metin

90 NEWSLETTER 2019 trary to the Law. Pursuant to Article 13 of the Law, it is possible for the Board to revoke an earlier negative clearance by rendering a new decision. In addition, the negative decisions made as a result of fraud are regulated as “null and void.” Similarly, if the conditions specified under Article 5 of the Law are met, or within the framework of the provisions of Communiqué on Exemption on Vertical Agreements No 2002/2, an agreement restrict- ing competition in the sense of Article 4 may be exempted from the implementation of the Law. ABoard decision to be taken in this regard will result in an agreement benefiting from the exemption. Although there are discussions about whether negative clearance and individual exemption decisions are final decisions, 3 it is possible to conclude that these are the final decisions of the Board. Although it can be said that the parties benefiting from the nega- tive clearance and exemption decisions rendered by the Board cannot demand the annulment of a decision in the administrative courts if they have no interest in the annulment of such decision; other parties that have interest may still request an annulment. In addition, an exemption decision made on a timely or conditional basis may be requested to be annulled even by the beneficiary of the decision. Therefore, negative clearance and exemption decisions are among the final decisions of the Board. It can also be accepted that the decisions to reverse the pre- viously granted negative clearance and exemptions are final decisions. Decisions to be rendered as a Result of Evaluation of Merger/ Acquisition Transactions In accordance with Article 7 of the Law and Communiqué No. 2010/4 on Mergers and Acquisitions Requiring the Approval of the Competition Board, the approval and rejection decisions regarding merger/acquisition transactions subject to the approval of the Board should be final. As a matter of fact, it is possible that those who have interest in these decisions can request the annulment of such the deci- sions directly to the administrative courts. Furthermore, the executive nature of these decisions is undisputed. 3 Aslan, İ. Yılmaz: Rekabet Hukuku. 3 rd ed., 2005, p. 797.