Change in Timeline for Competition Inquiries
Competition Authority President Küle has provided an evaluation of the recent changes made in the Law on Amendments to the Turkish Commercial Code and Certain Laws and the Law on the Protection of Competition, which were published in the Official Gazette on May 29.
Küle highlighted that significant procedural changes have been implemented in the investigations conducted by the Competition Board with the new law. He stated, “The aim of the new legal regulation is to make the investigation process more efficient. With these changes, it is now possible to conclude investigations on average 3-4 months earlier.”
The changes in the law were divided into three main categories by Küle. The first change is related to investigation notifications. He explained that the Board is now required by law to notify the parties about its decision regarding an investigation within 15 days, stating that the notification will include findings, evaluations, and a request for the first written defense within 30 days.
Emphasizing the importance of allowing the concerned parties to defend themselves effectively during investigations, Küle stated that it is crucial for them to know the accusations and evidence. He also mentioned that the obligation for enterprises to submit a written defense has been removed in cases where there are no specific allegations that would enable a proper defense.
Regarding the second matter, Küle mentioned that the investigation committee will now prepare an additional written opinion only if there is a change in their previous opinions, preventing unnecessary delays in the investigation process.
Lastly, Küle discussed the changes related to time periods within the scope of investigations. He explained that the possibility of extending deadlines has been removed, which has led to a shorter and more efficient investigation process.
Overall, the amendments made to the laws governing competition in Turkey aim to streamline the investigation process, ensure timely notifications to parties involved, and enhance the effectiveness of defense mechanisms for enterprises under investigation.
