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4. Results: Answers
Cartels
9.
Trends and predictions
9.1
How would you describe the current cartel enforcement landscape and prevailing trends in your jurisdiction? Are any new developments anticipated in the next 12 months, including any proposed legislative reforms?
Turkey

Answer ... One notable mechanism that was introduced by the 2020 amendments to Law 4054 was the settlement mechanism, which applies to cartels as well as other types of infringements. According to Article 43 of Law 4054, procedures and principles regarding the settlement procedure will be determined in due course through secondary legislation. In this respect, on 18 March 2021 the Turkish Competition Authority published the draft Regulation on the Settlement Procedures to be Applied during Investigations Regarding Anticompetitive Agreements, Concerted Practices and Decisions as well as Abuse of Dominance on its official website for public consultation. Following the public consultation period, the Settlement Regulation entered into force on 15 July 2021.

The draft amendment to Law 4054 which was prepared by the TCA in 2022 includes various proposed amendments to regulate digital markets. In particular, the amendment would introduce:

  • several new definitions concerning digital markets (eg, relating to core platform services and undertakings with significant market power); and
  • new obligations for undertakings with significant market power.

The draft amendment is a result of the TCA’s efforts to regulate competition issues in digital markets, which have been ongoing since at least early 2021. The timing for its adoption remains unclear at this stage.

For more information about this answer please contact: Gönenç Gürkaynak Esq. from ELIG Gürkaynak Attorneys-at-Law
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Cartels