The Communiqué On De Minimis Regulation In Competition Law Entered Into Force

As our readers may recall from our previous article on the captioned matter, a regulation similar to the "de minimis" (negligibility) principle available under European Union law was accepted with the amendment to article 41 of the Law on the Protection of Competition numbered 4054. The amendment provided that the Competition Authority may refrain from initiating an investigation for agreements, concerted practices, and decisions of associations of undertakings which do not exceed the market share and turnover thresholds that will be determined by the Competition Board ("Board") under a communiqué. Within this scope, Communiqué numbered 2021/3 on Agreements, Concerted Practices, Acts and Conduct of Association of Undertakings that Do Not Considerably Restrict Competition ("Communiqué") was published in the Official Gazette dated 16 March 2012 and numbered 3425 and entered into force the same day. The Communiqué shall not only apply to future investigations but also