NEWSLETTER-2020-metin

138 NEWSLETTER 2020 without imposing a penalty. However, since the decisions of Article 9/3 have opinion value, there have been problems with the application of it. With the commitment mechanism, the undertakings will have the opportunity to submit a commitment during a preliminary investiga- tion and investigation within the scope of Law 4 of 4054 (agreements, concerted actions and decisions restricting the competition) and Ar- ticle 6 (abuse of dominant position). If the commitments in question are deemed sufficient by the Board, it is possible for the Board to make these commitments binding, and decide not to open an investigation, or to terminate the current investigation. However, in the case of severe violations, such as price determi- nation amongst competitors, region or customer sharing, submission of a commitment is not accepted. In addition, although it is possible to terminate the preliminary investigation or investigation with a commitment, if i) there is a sub- stantial change in any element that constitutes the basis of the decision, i i) the related undertaking or association of undertakings acts contrary to the commitments, or iii) the decision is made based on incomplete, incorrect or misleading information submitted by the parties, an inves- tigation may be re-opened. • Reconciliation Mechanism Article 43 of the Law no. 4054 regulates that after the investiga- tion is opened, until the notification of the investigation report, the Board may initiate the reconciliation process at the request of the relevant parties or ex officio for all violations, including the severe violations. Accordingly, the existence and scope of the violation must be accepted within the scope of reconciliation, and as a result of the reconciliation mechanism, up to a 25% reduction in administrative fines may be assessed. It is also regulated that if the investigation is terminated by the settlement mechanism, the parties may not apply to the court, and administrative fines, and the issues in the settlement agreement, cannot be the subject of the case. Secondary regulations on how to implement commitment and reconciliation mechanisms are expected to be explanatory.