06.ANA METIN ingilizce.18

January 17, 2014 by being published on the official website of the

Competition Authority

Why a New Regulation?

The grounds for the Regulation are set forth under the General

Preamble in the Regulation on Fines. Contrary to the Regulation on

Fines, the Regulation Project on Fines includes neither a general pre-

amble, nor justifications for articles. However, it may be stated that the

Regulation Project on Fines was prepared in order to (1) remedy defi-

ciencies met in practice and (2) keep up with European Union compe-

tition legislation.

In light of the foregoing, it would be appropriate to include a gen-

eral preamble and justifications for articles in the Regulation Project

on Fines.

What are the Novelties in the Regulation Project on Fines?

Novelties Related to Base Fine

• The Competition Act does not explain whether the total

turnover of the undertaking or the turnover of the undertaking

in the relevant product and geographic market shall be taken as

a basis for the calculation of the fine. Nevertheless, the

Regulation Project on Fines clearly states that the turnover of

the undertaking in the relevant product and geographic market

shall be taken as a basis for the calculation of the fine.

Even though this amendment is appropriate, it is not in conformi-

ty with the Competition Act; and regulations should be in line with

laws. The Draft Act on the Protection of Competition (“Draft Act”) to

amend the Competition Act, submitted to the Presidency of the Grand

Assembly of Turkey on 23.01.2014, also does not amend Article 16,

entitled “Administrative Fine”, of the Competition Act referenced

above. Therefore, it would be appropriate to urgently amend the

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To reach the Regulation Project on Fines, see the following link:

%C4%B1lavuzlar%2fcezaaa.pdf (accessed on: 27.03.2014).