Settlement as a Streamlined Process: Should Turkey Adopt a Settlement Procedure?

The Second Academic Gift Book of ELIG Gürkaynak Attorneys-at-Law on Selected Contemporary Competition Law Matters 373-411 (2019), ISBN: 978-605-315-352-8

49 Pages Posted: 14 Jun 2019

See all articles by Gonenc Gurkaynak

Gonenc Gurkaynak

ELIG Gürkaynak Attorneys-at-Law

Kansu Aydoğan

ELIG Gürkaynak Attorneys-At-Law

Sertac Kocahal

affiliation not provided to SSRN

Date Written: March 2019

Abstract

Over the years,for combatting cartels competition enforcement authorities have introduced and utilized various instruments, among which settlement procedure is an efficiency-enhancing instrument that is designed to increase effectiveness and which incentivizes and rewards tangible contributions by undertakings to procedural efficiency.

This article seeks to assess the settlement procedure and revitalize it as an effective procedural tool to be adopted by competition enforcement regimes. In this context, this article also discusses whether settlement procedure should be incorporated into the Turkish competition law regime. In order to demonstrate the highly rewarding nature of the settlement procedure, this article will also focus on its incentives (as well as the envisaged benefits and drawbacks) without disregarding other aspects of the process that may pose certain risks for the fight against cartels.

Keywords: settlement procedure, cartels, competition enforcement, competition law

JEL Classification: K21, L40

Suggested Citation

Gurkaynak, Gonenc and Aydoğan, Kansu and Kocahal, Sertac, Settlement as a Streamlined Process: Should Turkey Adopt a Settlement Procedure? (March 2019). The Second Academic Gift Book of ELIG Gürkaynak Attorneys-at-Law on Selected Contemporary Competition Law Matters 373-411 (2019), ISBN: 978-605-315-352-8, Available at SSRN: https://ssrn.com/abstract=3396998

Gonenc Gurkaynak (Contact Author)

ELIG Gürkaynak Attorneys-at-Law ( email )

Çitlenbik Sokak No:12
Yıldız Mahallesi
Istanbul, Beşiktaş 34349
Turkey

Kansu Aydoğan

ELIG Gürkaynak Attorneys-At-Law ( email )

Yıldız Mah. Çitlenbik Sk. No:12
İstanbul, 34349
Turkey

Sertac Kocahal

affiliation not provided to SSRN

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