ANA METIN ingilizce.17

Regulation on Fines, an Illusion or a True Harmonization with

the EU Law?

Prof. Dr. H. Ercument Erdem

Regulation on Fines to Apply in Cases of Agreements, Concerted

Practices and Decisions Limiting Competition, and Abuse of

Dominant Position (“Regulation on Fines” or “Regulation”) has into

force through publication in the Official Gazette dated 15.02.2009 and

numbered 27142. The Regulation on Fines was prepared based on arti-

cles 16 and 27 of the Act on the Protection of Competition numbered

4054 (the “Competition Act). Article 16 of the Competition Act regu-

lates financial fines to undertakings or members of undertakings who

engage in anti-competitive activities, which are banned under compe-

tition law. Article 27 of the Competition Acts stipulates that, the

Competition Board (“Board”) is the authorized body to impose such

administrative monetary fine.

Impact of the European Union on the Regulation

Turkey is a candidate state to the European Union (“EU”). In order

for Turkey to obtain EU membership status in the future, it shall adapt

its legislation to the EU acquis. The Regulation on Fines has been pre-

pared within the scope of such accession negotiations. Therefore, the

Guideline of the European Commission in 2006 published in the EU

Official Gazette dated 01.09.2006 and numbered C 210/2

(“2006

Guideline” or “Guideline”) was benefited from for the preparation of

the Regulation on Fines.

The 2006 Guideline is the second Guideline pertaining to the

financial fines imposed on undertakings in EU. The first Guideline

Article of May 2012

Please see the following link to access the 2006 Guideline

(accessed on: 30.05.2012).