Commitment mechanism in Turkish competition law

This study examines the commitment mechanism which has been stipulated for the first time in our legislation with the Law No. 7246 Amending the Law on the Protection of Competition. In the first part, the conceptual meaning of the commitment mechanism, the advantages and disadvantages of the commitment, the principles and its legal nature have been determined. After that the differences of the commitment mechanism were compared with the similar institutions such as reconciliation, De Minimis and remedies. The types of commitments that the undertakings and/or associations of undertakings can make within the scope of the commitment mechanism have been determined. It is stated how the competition problems that are expected to be eliminated in the goods and services markets with the commitment mechanism are tried to be solved before this mechanism. In the last part of our study, the principles and procedures of the commitment mechanism in accordance with Article 43 of the Law No. 4054 and Commitment Communiqué, and where the commitment institution differs from the practices of the European Union (EU), the operation and management of the process, the decisions made by the Competition Board and the differences between the practice and theory, the suggestions for the sanctions of non-compliance with the commitment and the existing failures of the commitment mechanism and the resolution of these failures have been expressed.