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New Communiqué on Complaint Procedure Relating to
Competition Infringements*
Prof. Dr. H. Ercument Erdem
The Communiqué No. 2012/2 on Complaint Procedure Relating
to Competition Infringements (“Communiqué” or “Communiqué
No. 2012/2”) entered into force through publication in the Official
Gazette dated August 23, 2012 and numbered 283901 .
The Communiqué was issued in order to determine the filing of
procedures and principles related to the assessment of the complaints
regarding violations of Articles 4, 6 or 7 of the Act on the Protection of
Competition No. 40542 (“Competition Act”) to be lodged before
Turkish Competition Authority (“Authority”) on the basis of Article 27
of the Competition Act.
Procedure to Lodge a Complaint
The Communiqué No. 2012/2 regulates three aspects of the proce-
dure to lodge a complaint:
Persons Entitled to Lodge a Complaint
Applications, denouncements and complaints before the Authority
may be made in the form of application to the Ministry of Customs and
Trade. The Communiqué No. 2012/2 does not cover the complaints to
be made by public institutions.
As it can be seen, as per the Communiqué No. 2012/2, all persons,
including the ones who do not have a legitimate interest are entitled to
lodge a complaint. However, Article 9 of the Competition Act express-
132 NEWSLETTER 2012
* Article of September 2012
1 Please see the following link to access the Communiqué No. 2012/2
(accessed on: 18.01.2013).
2 Please see the following link to access the Competition Act
SgKWD+pQItw= (accessed on: 18.01.2013).