The commitment procedure, which is designed for eliminating the competition problems that occur within the scope of the articles 4 or 6 of the Act no 4054 on the Protection of Competition, was brought into our law within the framework of the amendments to the Act on the Protection of Competition with the act no 7246, which entered into force on 24.06. 2020.

The undertakings or associations of undertakings under preliminary inquiry or investigation may submit commitments voluntarily for eliminating the competition problems in question, except for naked and hardcore infringements within the scope of the commitment procedure. The commitments submitted are evaluated by the Competition Board, commitments that are deemed to be able to resolve competition problems are made binding for the relevant undertakings or associations of undertakings, and the Board may decide not to initiate an investigation or to terminate the ongoing investigation. Thus, possible anti-competitive harms are prevented before they worsen. In addition, the public and undertakings party to an investigation can save time and resource costs that may be caused by the detailed examination processes required for detecting competition infringements.

Procedures and principles of the commitment procedure are regulated in the Communiqué no 2021/2 on the Commitments to Be Offered in Preliminary Inquiries and Investigations Concerning Agreements, Concerted Practices and Decisions Restricting Competition, and Abuse of Dominant Position.

Click here for the relevant Communiqué.

Click here for the diagram about the commitment procedure.

Commitment applications must be submitted to the Competition Authority in writing by the undertakings or associations of undertakings under preliminary inquiry or investigation. The applications can also be made through the e-Government Gateway.