The New Communiqué On Commitments Is Now In Force

I. Introduction

On March 16, 2021, the Turkish Competition Authority ("Authority") issued the Communiqué No. 2021/2 on Commitments for Preliminary Investigations and Investigations on Anticompetitive Agreements, Concerted Practices, Decisions and Abuse of Dominant Position ("Communiqué"), which was published in the Official Gazette on the same day.¹

The legal basis of the Communiqué is Article 43 of the Law No. 4054 on the Protection of the Competition ("Law No. 4054"), which was amended by the Law No. 7246 Amending the Law on the Protection of Competition ("Law No. 7246") that entered into force on June 24, 2020. As per Article 43 of the Law No. 4054, relevant undertakings or associations of undertakings may offer commitments to eliminate the competition law concerns raised by the Authority, except in cases of explicit infringements and hard-core restrictions. The relevant article also provides that the rules and procedures of the commitment procedure will be