NEWSLETTER-2020-metin

157 COMPETITION LAW Furthermore, from undertakings’ perspectives, faster proceedings and the absence of the finding of an infringement, may be important reasons to offer commitments. Article 9 of Council Regulation (EC) No. 1/2003 on 16 December 2002, on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (“Regulation numbered 1/2003”), sets forth the commitment procedure. Through the Amended Law, the alignment between Turkish competition law and European Union legislation increases. The First Commitment Submitted in Turkey The commitment mechanism that came into Turkey, in June of 2020, has been rapidly implemented in real life in the ongoing investiga- tion with regard to the undertakings that provide services on temporary customs stocking. The very first implementation has been announced on the Competition Authority’s website (“Announcement”) 1 . According to the Announcement, within this investigation 2 that concerns the determination as to whether the undertakings, which provide services on temporary customs stocking, infringed Article 6 of Law numbered 4054, Havaalanları Yer Hizmetleri A.Ş. has offered a commitment and the Board, through its decision dated 5 November 2011, has concluded that the relevant commitment releases any com- petitive concerns. As a result, the commitment process for the relevant case has been completed in a short time, as being one month, and the investigation has been terminated with regard to the relevant undertak- ing. Rules and Procedure Article 43 of Law numbered 4054 states that the rules and procedures concerning the application of this paragraph shall be es- tablished through a communiqué issued by the Board. However, the 1 https://www.rekabet.gov.tr/tr/Guncel/rekabet-hukukunda-yeni-bir-donem-taah- hut-5ca6e0b74220eb11812200505694b4c6 2 Investigation conducted via Competition Board decision, dated 24.07.2020 and numbered 20-35/460-M