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ARTICLE · 23 MARCH 2021

New Communiqué On The De Minimis Rule

Balcioglu Selçuk Eymirlioglu Ardiyok Keki Attorney Partnership
Balcioglu Selçuk Eymirlioglu Ardiyok Keki Attorney Partnership
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Balcioglu Selçuk Eymirlioglu Ardiyok Keki Attorney Partnership

Balcioglu Selçuk Eymirlioglu Ardiyok Keki Attorney Partnership

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The Communiqué on Agreements, Concerted Practices, and Association of Undertakings' Decisions that Do Not Significantly Restrict Competition ("De Minimis Communiqué") numbered 2021/3 entered into force after being published in the Official Gazette dated March 16th, 2021.

TurkeyAntitrust/Competition Law
Sahin Ardiyok
Sahin Ardiyok
Bora Ikiler
Bora Ikiler
Armanç Canbeyli
Armanç Canbeyli
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The Communiqué on Agreements, Concerted Practices, and Association of Undertakings' Decisions that Do Not Significantly Restrict Competition ("De Minimis Communiqué") numbered 2021/3 entered into force after being published in the Official Gazette dated March 16th, 2021

Background of the development

The "de minimis rule", which allows the competition authority to refrain from investigating agreements that do not significantly restrict competition, has been introduced in the Turkish competition law regime for the first time with the amendments to the Competition Act No. 4054 ("Act") on June 24th, 2020.

The paragraph added to article 41 of the Act states that "the Competition Board ("Board") may decide not to initiate an investigation concerning agreements and concerted practices as well as decisions and actions of associations of undertakings that do not significantly restrict competition in the market, except clear and hard-core infringements such as

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