Regulation Project on Fines Was Published
*
Prof. Dr. H. Ercument Erdem
Article 16 entitled “Administrative Fine” of the Act on the
Protection of Competition No. 4054 (“Competition Act”) regulates
fines for undertakings, associations of undertakings and employees
and/or administrators of such undertakings or associations of under-
takings, who engage in anti-competitive activities banned under
Articles 4, 6 and 7 of the Competition Act.
The same article also states that the criteria to be taken into
account when determining fines will be determined in communiqués to
be issued by the Competition Board (“Board”).
Within this scope, the Regulation on Fines to Apply in Cases of
Agreements, Concerted Practices and Decisions Limiting Competition
and Abuse of Dominant Position (“Regulation” or “Regulation on
Fines”) entered into force by being published in the Official Gazette
dated 15.02.2009 and dated 27142
1
.
The Regulation on Fines has been in effect for more than five
years. During this period, some deficiencies in the Regulation on Fines
were identified
2
. In order to remedy these deficiencies, the Regulation
Project on Fines to Apply in Cases of Violations of the Act on the
Protection of Competition (“Regulation Project” or “Regulation
Project on Fines”) was prepared and submitted to public opinion on
218
NEWSLETTER 2014
*
Article of March 2014
1
To read the Regulation of Fines, see the following link:
http://www.rekabet.gov.tr/File/?path=ROOT%2fDocuments%2fRegulation%2fyonetmelik11.pdf (accessed on: 28.03.2014).
2
To see the deficiencies in the Regulation of Fines, see
ERDEM, Ercument
: “CezaYönetmeliği,
Avrupa Birliği Mevzuatına Gerçek Bir Uyum Mu Yoksa Bir İllüzyon Mu?”, Hukuk Postası
Mayıs 2012,
http://www.erdem-erdem.av.tr/articles/ceza-yonetmeligi-avrupa-birligi-mevzuati-na-gercek-bir-uyum-mu-yoksa-bir-illuzyon-mu/ (accessed on: 28.03.2014).