ANA METIN ingilizce.17

Situations such as incentives by public authorities or oppression by

other undertakings regarding a violation are considered among miti-

gating circumstances. Also active cooperation is considered as another

circumstance for decreasing fines.

Repetition of competition violations, continuation of cartels after

the date of notification of an investigation are considered among aggra-

vating circumstances.

This practice of the Regulation of Fines is in line with the 2006

Guideline. Nevertheless, the Regulation of Fines did not have to

specifically mention the active cooperation. As a matter of fact, lenien-

cy is regulated under a separate regulation and such regulation already

specifies the amount of decrease of fines under certain circumstances

Active cooperation is not mentioned among mitigating circumstances

under the 2006 Guideline either. Nevertheless, the regulation on active

cooperation entered into force several months after the 2006

Guideline

Administrative Monetary Fines to be imposed on Directors

and Employees

• Directors and employees may be subject to a fine provided that

the undertaking is imposed an administrative monetary fine.

Article 8 (1) of the Regulation on Fines regulates that directors

and employees, having a determining impact on the competi-

tion infringement may be subject to a fine amounting 3% to 5%

of the administrative monetary fine imposed on an undertaking.

However, Article 16 (4) of the Competition Act foresees that

directors and employees may be subject to an administrative

monetary fine up to 5%. In other words, contrary to the

Competition Act, the Regulation on Fines introduces a mini-

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Please see the following link to access the Regulation on Active Cooperation for the purpose of

Revealing Cartels

(accessed on: 18.01.2013).

The EU Commission Notice governing active cooperation was published in the EU Official

Gazette dated 08.12.2006 and numbered C 298/17. Please see the following link to access the

Notice

EN:PDF (accessed on: 30.05.2012).