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Draft Act on the Protection of Competition Was Published
*
Prof. Dr. H. Ercument Erdem
A Draft Act (“Draft Act”) to amend the Act on the Protection of
Competition No. 4054 (“Competition Act”), which entered into force
by being published in the Official Gazette dated 13.12.1994 and num-
bered 22140, was submitted to the Presidency of the Grand National
Assembly of Turkey on 23.01.2014
1
.
The first Draft Act (“First Draft”) foreseeing some amendments to
the Competition Act was submitted to the Presidency of the Grand
National Assembly of Turkey on 31.07.2008 . The Draft Act includes
developments since 2008, and thus extends the content of the First
Draft.
Violations of competition and fines to be applied to such violations
are examined in this article.
Grounds for the Preparation of the Draft Act
The Draft Act was prepared on the basis of two main grounds:
Harmonization with European Union Acquis
.
Turkey is a candi-
date state to the European Union (“EU”). In order for Turkey to obtain
EU membership status in the future, it must adapt its legislation to the
EU
acquis
. Within this scope, amendments made in EU competition
*
Article of January 2014
1
To access the Draft Act, please see
http://web.tbmm.gov.tr/gelenkagitlar/metinler/278800.pdf(accessed on: 05.02.2014).
2
To access the First Draft, please see
http://www2.tbmm.gov.tr/d23/1/1-0636.pdf(accessed on:
06.02.2014). In addtition, on the First Draft, please see
ERDEM, Ercüment
:
“Rekabetin
Korunması Hakkında Kanun Tasarısı ile Rekabet Hukukunda Yeni Bir Dönem Hedefi”
, May
2009,
http://www.erdem-erdem.av.tr/articles/rekabetin-korunmasi-hakkinda-kanun-tasarisi-ile-rekabet-hukukunda-yeni-bir-donem-hedefi/ (accessed on: 06.02.2014).