NEWSLETTER-2020-metin

135 COMPETITION LAW undertakings from the application of the provisions of Article 4,” it was changed to read, “In case of the existen - ce of all of the conditions stated, below, the agreement, the concerted action and the decision of the association of undertakings are exempt from the application of the provisions of Article 4.” There are two important changes in this context. Firstly, the de- bate over whether the Authority has discretion to grant exemptions has ended. With Law No. 7246, it has been clarified that the agreements will be exempted from the application of the provisions of Article 4, if all of the conditions listed in Article 5 are present. Secondly, although before the amendment it was regulated that the Board may take exemption decision, since the phrase “the Board” has been removed with the amendment, it is taught that it is now pos- sible for the undertakings to apply to the courts for exemption. It should be noted that it is possible for the undertakings to make a “self-assessment” if they believe that their agreements meet the condi- tions listed in Article 5. It is not obligatory to obtain permission from the Authority or the courts. However, in order to prevent an incorrect evaluation, if the undertakings wish to apply for exemption, they may both apply to the Authority or the courts. In concentration analysis, instead of the dominant position test, a “significant impediment of effective competition” test is introduced The first paragraph ofArticle 7 of LawNo. 4054 has been changed with Law No. 7246 in a way that the effects that may result from the merger and acquisition transactions will be subject to a significant impediment of effective competition test. While the dominance test was applied to the transactions sub- mitted to the Authority prior to the amendment, now a significant impediment of effective competition test, which is currently applied in the European Union, will be put into effect. Within this context, being dominant or strengthening the existing dominant position are not stated as the only criteria in the evaluation of the effects of mergers