Amendments have been made to the Turkish Commercial Code, the Act No. 4054 on the Protection of Competition (“Act”) and other legislation with the Law No. 7511, which has been under preparation for some time.
With Law No. 7511, the right to the first written defense granted to parties in investigations initiated by the Competition Board ("Board") was abolished, and amendments were made to Articles 34, 43, and 45 of the Act.
Article 43, regulates the initiation of investigations, commitments, and settlement procedures
If the Board decides to initiate an investigation against an undertaking, it notifies the relevant parties of this decision within 15 days from the date of the decision.
Before the amendments made by Law No. 7511, the Act granted the parties involved in the investigation the right to submit their first written defense within 30 days from the notification of the investigation. However, with the recent amendment, the obligation to submit the first written defense within this period has been abolished.
Article 45, regulates notifications and responses
At the end of the investigation phase initiated by the Board, the Board will prepare a report on the investigation, which will be notified to the Board members and the relevant parties of the investigation. Following the notification of the report at the end of the investigation, the parties will be given 30 days to submit their defenses. This period can be extended once, up to an additional 30 days, if a justified reason is provided.
Prior to the amendment of the Act, it was stipulated that the officials conducting the investigation would submit additional opinions within 15 days of receiving the defenses. With the amendment, it has been clarified that the officials conducting the investigation will only provide their opinions if there is a change in their views as a result of the written defenses received. This change aims to expedite the investigation by requiring additional opinions only in the case of a change in the views presented in the investigation report.
Article 34, regulating the status of the Board’s personnel
The total number of personnel required for the continuation of the Board’s services, as well as their job titles and other staffing details, are listed in the schedule attached to the Act. The Board is required to make staffing decisions in accordance with this schedule.
The amendment to Article 34 provides a clearer and more detailed framework for staffing regulations, aiming to eliminate uncertainties. It should be noted that this amendment actually addresses the reorganization of the clause annulled by the Constitutional Court's decision dated November 9, 2022, No. E: 2020/67 , K:2022/139, and clarifies the Board's authority.
Nur Duygu Bozkurt, Senior Associate
Ecem Melek, Trainee Lawyer