The presentation will explain recent amendments introduced to the Law No. 4054 on Protection of Competition as of June 24, 2020. After rounds of revisions and failed attempts of enactment over a span of several years, the proposal for an amendment to the Law No. 4054 on Protection of Competition has finally been approved by the Turkish parliament. Amendment Law essentially (i) clarifies certain mechanisms in the Law No. 4054 which might have led to legal uncertainty in practice to a certain extent and (ii) introduces new mechanisms as to the selection of cases for the Competition Authority to focus on, a new substantive test for merger control, behavioral and structural remedies for anti-competitive conduct and procedural tools enabling the Board to end its proceedings in certain cases without going the whole nine yards when the parties opt for commitments or settlement. The presentation will especially focus on (i) de minimis principle, (ii) SIEC test, (iii) behavioral and structural remedies for anti-competitive conduct, and (iv) commitment and settlement procedures introduced by the Amendment Law. Finally, amendments regarding on-site investigation process and self-assessment procedure will also be explained."
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