Within the scope of the settlement procedure, which was brought to competition law legislation as a result of the amendments made to article 43 of the Act no 4054 on the Protection of Competition according to the Act dated 20.06.2020 and numbered 7246, the Board may start the settlement procedure on the request of the parties concerned or on its own initiative taking into account the procedural benefits that may arise from a rapid resolution of the investigation process and the differences in opinion concerning the existence and scope of the infringement, and decide to conclude the investigation.
Within the scope of settlement procedure, the Board may decide to terminate the investigation for the undertakings concerned and to reduce the administrative fine between 10% and 25%, once the undertakings that are parties to the investigation submit a settlement text stating that they accept the existence and scope of the violation and other related issues. In case the investigation is concluded with a settlement, the administrative fines and the points included in the settlement text are not actionable by the parties.
Procedures and principles of the settlement procedure are regulated in the “Regulation on the Settlement Procedure Applicable in Investigations on Agreements, Concerted Practices and Decisions Restricting Competition and Abuses of Dominant Position” published by the Competition Board.
Click here for the Regulation.
Settlement applications must be submitted to the Competition Authority in writing by the undertakings or associations of undertakings under investigation. Applications can also be made through the e-Government Gateway.