NEWSLETTER-2020-metin

136 NEWSLETTER 2020 and acquisitions, but they are stated as examples of situations wherein effective competition will significantly decrease. In this case, it is appropriate to say that the limits of the test have been expanded since it is possible to intervene in the concentration processes that do not create a dominant position, or strengthen the current dominant position. Competition Board (“Board”) is given the authority to apply structural measures By changing the first paragraph of Article 9 of Law No. 4054, a regulation has been introduced that the Board may apply to structural measures in cases where behavioral measures do not yield results. Structural measures known as division, decomposition, and separation of the undertakings may only be applied after applying behavioral measures, and determining that no results can be obtained through behavioral measures. Authority’s on-site inspection powers are expanded With the amendment made in paragraph (a) of the first paragraph of Article 15 of Law No. 4054, the scope of the Board’s authority during on-site inspections has been detailed to include the books, data and documents kept in the physical/electronic environment and the information systems of the undertakings. The Authority conducts inspections in the undertakings and as- sociation of undertakings within the scope of the preliminary inves- tigations and investigations carried out, and examines the computers, e-mails, agendas, Whatsapp correspondence of the employees of the undertakings. In this context, the Board has very extensive authority. With the amendment, the scope of the on-site inspection has become clear, and uniformity has been achieved between the application of the Board and the text of the Law.