The Principles Regarding the Submission of Commitments to Competition Authority are Regulated by the Communiqué

% 0

The Communiqué on Commitments for Preliminary Investigations and Investigations on Anticompetitive Agreements, Concerted Practices and Decisions, and Abuse of Dominant Position (“Communiqué”) was published in the Official Gazette dated 16.03.2021 and numbered 31425. The Communiqué set the procedures and principles regarding the submission of commitments to Competition Authority (“Authority”).

This Communiqué; consists of commitments submitted by undertakings and association of undertakings with the aim of eliminating competition concerns that arise within the scope of Article 4 (Agreements, Concerted Practices and Decisions Restricting Competition) or Article 6 (Abuse of Dominance) of Law numbered 4054, except from clear and gross infringements.

In line with this, the general framework set by the Communiqué are summarized below:

  • Parties who demand finalization of an investigation carried out against themselves can request to submit commitments during the preliminary investigation or full-fledged investigation process. The request to submit commitments during the full-fledged investigations shall be made in writing to the Authority within three months after being served with the notification of investigation.
  • Competition Board (“Board”) evaluates the commitment requests of the parties and will decide either to initiate the commitment negotiations or to reject the commitment request. The commitment negotiations can be made orally or in writing.
  • If the parties decide to submit commitments after the commitment negotiations, the commitment text will be submitted to the Authority after clearing out the trade secrets and confidential information.
  • The commitments to be submitted shall be clear and straightforward, and shall not include alternative commitments. Moreover, the commitments shall be; proportionate to the competition concerns, able to remedy those concerns, performed within a short time period and effectively applicable. General declarations of the parties stating that they will comply with Law numbered 4054 shall not qualify as commitments.
  • Behavioral and structural commitments can be submitted alone or together, depending on the competition concerns.
  • If Board decides that competition concerns can be remedied via commitments, then Board can decide to make those commitments binding for the parties, and either not to initiate an investigation or to finalize an investigation that has been opened. Such decision shall not include a determination on whether the agreement or practice that raised competition concerns forms an infringement or not.
  • The Communiqué also rules that submitted commitments will be observed by the Board via various methods.

The Communiqué enters into force through publication and will apply to ongoing investigations as of the date it entered into force.

You may access the full text of the Communiqué here

All rights of this article are reserved. This article may not be used, reproduced, copied, published, distributed, or otherwise disseminated without quotation or Erdem & Erdem Law Firm's written consent. Any content created without citing the resource or Erdem & Erdem Law Firm’s written consent is regularly tracked, and legal action will be taken in case of violation.

Other Contents

Legal Developments
Deadline of the Message Management System was postponed-I

Deadline of the Message Management System was postponed

Commercial Law 28.08.2020
Legal Developments
Amendment to the Regulation on the Procedures of General Assembly Meetings of Joint Stock Companies

Amendment to the Regulation on the Procedures of General Assembly Meetings of Joint Stock Companies

Commercial Law 9.10.2020
Legal Developments
The Regulation on Real Estate Trade has been amended

The Regulation on Real Estate Trade has been amended

Commercial Law 16.10.2020
Legal Developments
The Communiqué on Article 376 of the TCC was amended

The Communiqué on Article 376 of the TCC was amended

Commercial Law 29.12.2020
Legal Developments
The Communiqué on the Squeeze-out and Sell-out Rights was published

The Communiqué on the Squeeze-out and Sell-out Rights was published

Commercial Law 4.01.2021
Legal Developments
Amendment to the Turkish Commercial Code

Amendment to the Turkish Commercial Code

Commercial Law 4.01.2021
Legal Developments
Amendments to the Provisions of the Turkish Commercial Code

Amendments to the Provisions of the Turkish Commercial Code

Commercial Law 3.02.2021
Legal Developments
Amendments were made in relation to subsequently submitted certificates of origin

Amendments were made in relation to subsequently submitted certificates of origin

Commercial Law 15.02.2021
Legal Developments
Amendment to the Communiqué on the Execution of Companies’ Articles of Association at the Trade Registry Directorates

Amendment to the Communiqué on the Execution of Companies’ Articles of Association at the Trade Registry Directorates

Commercial Law 22.02.2021
Legal Developments
The Communiqué on Practices that do not Significantly Restrict Competition Entered into Force

The Communiqué on Practices that do not Significantly Restrict Competition Entered into Force

Commercial Law 17.03.2021
Legal Developments
Communiqué on the Notification and Registration of Bearer Shares to the Central Securities Depository

Communiqué on the Notification and Registration of Bearer Shares to the Central Securities Depository

Commercial Law 6.04.2021
Legal Developments
Amendments to the Regulation on the General Assembly Meetings of Joint Stock Companies

Amendments to the Regulation on the General Assembly Meetings of Joint Stock Companies

Commercial Law 1.06.2021
Legal Developments
Amendments Regarding “Authorized Sender” Practice are Introduced

Amendments Regarding “Authorized Sender” Practice are Introduced

Commercial Law 27.09.2021
Legal Developments
Communiqué on Crowdfunding Has Been Published

Communiqué on Crowdfunding Has Been Published

Commercial Law 28.10.2021

For creative legal solutions, please contact us.