Abstract:

Pursuant to Law No. 7246, the amendments to Law No. 4054 on the Protection of Competition introduced the settlement mechanism to Turkish competition law. These same amendments stipulate that the procedures and principles regarding the settlement mechanism are to be determined by regulation issued by the Turkish Competition Board. The Regulation on the Settlement Procedure Applicable in Investigations on Agreements, Concerted Practices and Decisions Restricting Competition and Abuses of Dominant Position was prepared by the Turkish Competition Board regarding this duty and was entered into force upon being published in the Official Gazette on July 15, 2021. The enactment of this regulation fulfilled the three points (i.e., de minimis, commitments, and settlement) as envisaged by the amendments. The aim of this article is to examine all aspects of the settlement mechanism, which is a new institution for Turkish competition law. In this context, the article’s first section provides general explanations about settlement in competition law and discusses the concept of hybrid settlement. The second explains in order all the phases of the settlement procedure as designed in the Settlement Regulation and draws attention to problems that may arise at first glance. While doing so, the article also mentions the differences between the Draft Settlement Regulation, which had been previously opened up to public opinion. This same section also examines settlement decisions that have been rendered by the Turkish Competition Board. The third section goes on to explain the established practices in the European Union competition law using statistical data and also comparatively examines the regulations regarding settlements. From this point of view, the article makes various assumptions regarding Turkish competition law. The fourth section discusses the relationship between the settling and non-settling parties, one of the most vital issues related to the settlement mechanism. The fifth section then evaluates the consequences of the settlement mechanism from the perspective of private law.

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