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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

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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).