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The Guidelines on Fines to Apply in Cases of Agreements, Concerted Practices and Decisions Limiting Competition and Abuse of Dominant Position Has Been Published

The Competition Authority (‘Authority’) publishes the Guidelines on Fines to Apply in Cases of Agreements, Concerted Practices and Decisions Limiting Competition, and Abuse of Dominant Position (‘Guideline’) on the official website of the Authority on 19.02.2025.

 

Pursuant to Article 16 of the Law No. 4054 on the Protection of Competition (‘Law’), undertakings, associations of undertakings or members of such associations, as well as their managers and employees who engage in behaviours prohibited under Articles 4 and 6 of the Law will be subject to administrative fines.

 

The Regulation on Administrative Fines to be imposed in case of Agreements, Concerted Actions and Decisions Restricting Competition and Abuse of Dominant Position (‘Regulation’) was published in Official Gazette dated 27.12.2024 and numbered 32765 and entered into force.

 

The Guideline which cover the explanations about the implementation of the provisions of the Regulation, were discussed during the meeting of the Competition Board dated 13.02.2025 and adopted with the decision numbered 25-06/136-RM (3).

 

The Guideline provides explanations on the following issues;

 

  • What are the principles to be applied in determining the administrative fine?
  • What are the issues to be taken into consideration in determining the basic penalty rate?
  • What are the principles for the evaluation of aggravating and mitigating factors in the calculation of the violation period and the determination of the final penalty rate?
  • What are the issues to be taken into consideration in the discretionary aggravating and mitigating factors?

 

The increase in the initial penalty rate for infringements lasting at least one year is determined by considering annual intervals from one year to five years.

For violations lasting less than one year, no increase will be made in the initial penalty rate. The initial penalty rate will be accepted as the basic penalty rate.

The aggravating factors consist of the following;

  • Repetition
  • Discretionary aggravating factors

 

In the presence of aggravating factors, the upper limit for increasing the basic penalty rate has been determined and the lower limits have been abolished.

You can access the full text of the Guideline (in Turkish) here.

You can access the full text of the Authority's public announcement here.

 

Kind regards,

Zumbul Attorneys-At-Law

info@zumbul.av.tr

 

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