Settlement procedure in Turkish Competition Law

The objective of the settlement system is to resolve conflicts effectively and quickly, while ensuring optimal use of resources. The fact that an ongoing review regulated in the third paragraph of Article 9 of the Act no 4054 allows the Authority to terminate the dispute at an early stage in the event that the Institution and undertakings meet in a common solution and could not find application in terms of the settlement process. It may be possible to implement the procedure within the legal framework with the conciliation institution regulated in the provisional article 6 of the draft. This constitutes a view of procedural economy. Comparative explanations are given on whether the Draft regulation on reconciliation, which will introduce a new procedure to the Turkish competition legislation, will find application field together with the leniency program and the fine regulation mechanisms, and whether there is a need for a consensus institution in this context. In that study, the concept of settlement has been discussed within the framework of clarifying the limits of the procedure, integrating the settlement procedure into the whole Turkish competition legislation and evaluating the practices and doctrines of the country. In this context, in terms of which components will be included in the settlement procedure, where the settlement institution envisaged in the bill differs from the practices of European Union (EU) and United States of America (USA), how the process will be operated and managed, and whether it will find the actual area of application with the planned arrangements, especially in the secondary regulations. A comparative analysis of the Draft law of the Law No. 4054 and the EU competition law has been included and suggestions have been made on the problems that may be encountered in practice and the solutions to these problems. Keywords: Turkish Competition Law, settlement procedure, cartel, leniency programs.