Draft "De Minimis" Communiqué Published For Public Consultation

One of the most significant changes to Law No. 4054 on the Protection of Competition (the "Competition Law") made in June 2020, was the integration of a rule similar to the "de minimis" exemption set out under the EU legislation. Accordingly, pursuant to the amendment to Article 41 of the Competition Law, agreements, concerted practices and association of undertakings' decisions that do not significantly restrict competition in the market may not be subject to an investigation as per the "de minimis" rule. The amendment also sets forth that the procedures and principles of the "de minimis" rule will be further regulated through a communiqué to be published by the Competition Board. On 23 October 2020, the Turkish Competition Authority published the Draft Communiqué on Agreements, Concerted Practices and Association of Undertakings' Decisions That Do Not Significantly Restrict Competition (the "Draft Communiqué"), for public consultation.¹