ANA METIN ingilizce.17

141 / 516

cannot be calculated, by the end of the fiscal year closest to
the date of the generated at the end of the fiscal year pre-
ceding the final decision, or if that cannot be calculated, by
the end of the fiscal year closest to the date of the final …”
both under the Competition Act and the Regulation on
Fines. Nevertheless, the 2006 Guideline expressly states that
the turnover to be taken into consideration is the turnover of
the undertaking’s last business year during which the
infringement took place. Thus, the Regulation on Fines con-
trasts with the EU acquis with this respect as well.
The consequences of this provision of the Regulation of
Fines, which is akin to the 1998 Guideline, are unfair. The
turnover of the undertakings after they have committed the
competition violation may increase without any relation to
such violation. This situation may result in heavy fines
imposed on the undertakings.
• The Competition Act regulates that undertakings, which violate
the competition may be subject to administrative monetary
fines up to 10% of their revenues. However, Article 5 (1) (a) of
the Regulation on Fines states that in the event a violation of
competition under Articles 4 or 6 of the Competition Act take
place, the administrative monetary fines shall be determined
“between two percent and four percent […] of the annual gross
revenues […] which shall be determined by the Board”. In
other words, the Regulation on Fines sets a minimum and max-
imum limit to the administrative monetary fines to be imposed.
Such minimum and maximum limit is not regulated under
either of the 1998 Guideline or the 2006 Guideline. The 2006
Guideline, in compliance with the Regulation numbered
2003/13, determines that the administrative monetary fines shall
not exceed 10% of the undertaking’s turnover. Thus, the
Regulation on Fines apparently contravenes with the EU acquis.
COMPETITION LAW 127
3 Please see the following link to access the Regulation numbered 1/2003
(accessed on: 30.05.2012).