NEWSLETTER-2020-metin

137 COMPETITION LAW De minimis rule With Law No. 7246, the sub-paragraph, below, has been added to Article 41 of Law No. 4054: “The Board may refrain from starting an investiga - tion for the agreements, concerted actions and decisions of associations of undertakings that do not significantly restrict competition based on criteria, such as market share and turnover , except for clear and severe violations, such as price determination among competitors, territory or customer sharing, and restriction of supply. The proce - dures and principles regarding the implementation of this paragraph are determined by the communiqué issued by the Board.” With the amendment, in line with European Union legislation, it has been decided that an investigation may not be initiated by the Board for some agreements, concerted actions and decisions of as- sociations of undertakings that have a low impact on competition. According to De-minimis Notice (2014 / C 291/01) being imple- mented in the European Union, if there is no serious and clear viola- tion, and the total market share of undertakings that are parties to the violation is below 10% if they are competitors, and below 15% if they are not competitors, then they will not be subject to investigation. The principles regarding the implementation of the amendment in Turkey, such as market share and turnover of the undertakings, will be deter- mined in the coming days by a communique issued by the Board. Commitment and reconciliation mechanisms are introduced Two important mechanisms brought by the amendments in favour of the undertakings are commitment and reconciliation mechanisms. • Commitment mechanism Paragraph 3 of Article 9 of Law No. 4054 regulates that the Board may inform the undertakings or associations of undertakings in writ- ing of its opinions concerning how to terminate the infringement. In this context, there are violations in which the Board sent an opinion