The First Example of the Settlement Process in Turkish Competition Law (9.8.2021)

Within the scope of the investigation initiated according to the Competition Board decision dated 07.01.2021 and numbered 21-01/9-M to determine whether Türk Philips Ticaret A.Ş., Dünya Dış Ticaret Ltd. Şti., Melisa Elektrikli ve Elektronik Ev Eşyaları Bilg. Don. İnş. San. Tic. A.Ş., Nit-Set Ev Aletleri Paz. San. ve Tic. Ltd. Şti. and GİPA Dayanıklı Tüketim Mamülleri Tic. A.Ş. violated article 4 of the Act no 4054, as a result of the settlement texts submitted by Türk Philips Ticaret A.Ş., Dünya Dış Ticaret Ltd. Şti., Melisa Elektrikli ve Elektronik Ev Eşyaları Bilg. Don. İnş. San. Tic. A.Ş., Nit-Set Ev Aletleri Paz. San. ve Tic. Ltd. Şti. and GİPA Dayanıklı Tüketim Mamülleri Tic. A.Ş., it was decided that the investigation would be concluded with settlement with respect to each of the parties, as per the decision of the Competition Board dated 21-37/524-258 and numbered 05.08.2021.

As known, the settlement procedure was brought to competition law legislation as a result of the amendments made to article 43, paragraph five of the Act no 4054 on the Protection of Competition according to the Act dated 16.06.2020 and numbered 7246. Within the scope of the settlement procedure, 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 this framework, the decision of the Competition Board concerning the abovementioned undertakings is important since it is the first decision where the settlement procedure is applied.