The Turkish Constitutional Court to Review Ban on Court Challenges to the Turkish Competition Board Settlements.

The Turkish Constitutional Court, at its Plenary Session on 10 September 2025, decided to examine the merits of an objection lodged by the Ankara 9th Administrative Court seeking the annulment of Article 43(8) of Law No. 4054 on the Protection of Competition.

The contested paragraph provides: “In case the process is concluded with a settlement, the parties to the settlement may not take the administrative fine and the provisions of the settlement text to court."

This provision, which stipulates that issues contained in settlement texts drawn up as a result of the settlement procedure applied in investigations conducted by the Turkish Competition Authority, cannot be subject to judicial review, has already been a matter of debate in certain administrative cases within the scope of the right to legal remedies.

The Turkish Constitutional Court’s review is considered to be highly significant for the future of the settlement mechanism—introduced into Turkish legislation by the 2020 amendments and widely embraced by undertakings.