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Communiqué on the Application Procedures for Infringements of Competition
The Communiqué on the Application Procedure for Infringements of Competition (the "Communiqué") prepared in order to establish and announce the procedures and principles concerning the applications to be made to the Competition Authority for claims of infringement of articles 4, 6 and/or 7 of the Act no 4054 on the Protection of Competition as well as concerning the assessment of such applications entered into force after its publication in the Official Gazette dated 23.08.2012 and numbered 28390.
The Communiqué introduces regulations and explanations concerning the form and conditions of applications to be made to the Competition Authority, as well as the assessment of the application and the notification to be made to the relevant applicants in relation to their applications.
Within this framework, in summary, the Competition Authority practice on the following points was clarified:
1- Applications made to the Competition Board by natural persons and legal persons such as organizations, unions and associations may be in the form of Ministry requests, denouncements or complaints,
2- Applications by e-mail, fax, telephone and similar means will be regarded as denouncements,
3- Despite the fact that the principle is to take no action in response to applications without the name and last name, ID number, address and signature of the applicant, the Competition Authority may initiate proceedings concerning such applications if they are deemed to be of importance,
4- The principle is to take no action concerning applications which simply consist of abstract declarations suggesting the existence of an infringement, which are not based on concrete information and/or documents, and which fail to establish their claims in a serious and satisfactory manner;
5- The applications will be addressed in light of the resources and priorities of the Competition Authority, within a schedule deemed suitable by the Competition Authority and with an effort to handle applications with a common nature together to the extent possible;
6- In case of a request for confidentiality, identity information of the person concerned or any other information which may lead to the disclosure of his identity will not be included in the communications to be made, including intra-organizational correspondence;
7- Legal action may be taken concerning those who intentionally include false or misleading information in their applications to the Competition Authority.
It is expected that the regulations introduced by the Communiqué will be important in terms of ensuring a more efficient utilization of the resources of the Competition Authority and the public by allowing prioritization by the Competition Authority and by enabling allocation of resources to more serious applications.
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Pekin & Pekin is a full-service Turkish law firm based in Istanbul. The Firm advises on cross-border transactions in Turkey and the region, and over the 40 years since establishment has gained broad experience in both international and Turkish law. A member of Lex Mundi, TerraLex and SEE Legal, and advisor to ISDA and ICMA, the Firm is committed to excellence and has a culture of participation and success, driving all to exceed client objectives.
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