NEWSLETTER-2020-metin

158 NEWSLETTER 2020 relevant communique has not yet been issued. The current procedure is described as follows: When an undertaking wishes to offer commit- ments in an investigation or preliminary investigation, it shall submit a statement to the Competition Authority that indicates its’ intent to submit a commitment, as well as a meeting request. In the meeting, it shall explain its draft commitments that shall release any competitive concerns. Following the meeting with the Competition Authority, the undertaking is expected to submit the formal commitment statement. Afterwards, the Board shall decide with regard to the commitments’ convenience and its’ decision. In European Union practice, the “Manual of Procedures on the Internal DG Competition working documents on procedures for the application of Articles 101 and 102 TFEU” (“Manual”) lights the way 3 . According to the Manual, undertakings may contact the DG Competition at any point in time to explore its’ readiness to enter into commitment discussions. A State of Play meeting will be offered to parties that signals an interest in discussing commitments. The par- ties may ask questions in the State of Play meeting. Afterwards, the parties submit a “term sheet” describing the main elements of the commitments, but sometimes are ready with a first draft of a com- mitment text. Once the case team is convinced that the commitments informally proposed by the undertaking may address the competition concerns, and that the undertaking is seriously interested in submitting adequate formal commitments, it will propose to draft a Preliminary Assessment. The Preliminary Assessment serves as an important basis for the parties to formulate appropriate commitments fully addressing the competition concerns expressed by the Commission, or to better define previously discussed commitments. The formal meetings com- mence following the acceptance of the Preliminary Assessment. The Commission may ask the parties to make necessary amend- ments on the commitments before the market test stage. Should the commitments be found appropriate by the case handlers, the market test stage approval of the competition commissioner is required. 3 http://publications.europa.eu/resource/cellar/cd7d54b9-dd45-45fb-94e9- 7d761533a8b1.0001.03/DOC_1