“Communiqué on the Application Procedures for Infringements of Competition,” which was prepared in order to establish and announce the procedures and principles concerning the applications to be made to the Competition Authority with a claim of infringement of articles 4, 6 and/or 7 of the Act no 4054 on the Protection of Competition as well as concerning the assessment of such applications has entered into force after its publication in the Official Gazette dated 23.08.2012 and numbered 28390.
The Communiqué introduces regulations and explanations concerning the form and conditions of the applications to be made to the Authority, as well as the assessment of the application the notification to be made to the relevant persons in relation to their applications.
Within this framework, in summary, the Authority practice on the following points was clarified and submitted for the information of those concerned;
1-
      - Applications made to the Board by natural persons and legal persons such as organizations, unions and associations may be in the form of Ministry requests, denouncements or complaints,
      - Applications by e-mail, fax, telephone and similar means will be regarded as denouncements,
      - In spite of the fact that the principle is to take no action in response to applications without the name and last name, ID number, address and signature of the  applicant, the Authority may initiate proceedings concerning such applications if they are deemed to be of import,
      - The principle is to take no action concerning applications which simply consist of abstract declarations suggesting the existence of an infringement, which are not based on concrete information and/or documents, and which fail to establish their claims in a serious and satisfactory manner;
2- The applications will be addressed in light of the resources and priorities of the Authority, within a schedule deemed suitable by the Authority and with an effort to handle applications with a common nature together to the extent possible;
3- In case of a request for confidentiality, identity information of the person concerned or any other information which may lead to the disclosure of his identity will not be included in the communications to be made, including intra-organizational correspondence;
4- Legal action may be taken concerning those who intentionally include false or misleading information in their applications to the Authority.
It is stated that the regulations introduced by the Communiqué will be important in terms of ensuring a more efficient utilization of the resources of the Authority and the public by allowing prioritization by the Authority and by enabling allocation of resources to more serious applications
Respectfully submitted for the information of the public.
Click here for the text of the Communiqué (in Turkish).