NEWSLETTER-2019-metin

88 NEWSLETTER 2019 throughout the investigation process, how decisions will be made as a result of the investigation, and which sanctions may be imposed. Based on these procedural rules, it is possible to examine the Board’s decisions in two groups: Final and interim decisions. This distinction is derived from Article 51 of the Law. As a matter of fact, while setting forth the quorums for meetings and decisions of the Board, the relevant provision explicitly refers to “final decisions,” and “decisions other than final decisions”. These decisions are examined in detail, below. Final Decisions of the Board Final decisions are decisions that can be directly appealed in the courts. In its final decisions, the Board is to convene with the par- ticipation of at least five members, including the President or the Vice President, and decisions are given by at least four members voting on the same side. In cases where the required quorum for the decision cannot be achieved in the first meeting, the President shall ensure the participation of all members in the second meeting. However, if this is not possible, the decision shall be made by an absolute majority of the participants. In this case, the meeting quorum cannot be less than five members, which must include the President or the Vice President. In the event there is a tie in the voting in the second meeting, the vote of the side with the President shall be deemed to be superior 1 . The final decisions of the Board are decisions, such as those made at the end of the investigation process, the decisions not to initiate an investigation / preliminary investigation, as well as negative clear- ance decisions, exemption decisions, and decisions regarding merger/ aquisition transactions. Decision not to launch Investigation / Pre-investigation As stated in Article 42 of the Law, the Board is not required to initiate a preliminary investigation or an investigation of every com- plaint. The Board may, openly or tacitly, reject requests made by com- plainants. It is clearly regulated in Article 42/2 of the Law that these 1 Law No. 4054, Art. 51.