Recent Developments in the Enforcement of Turkish Competition Law: Fines and Leniency Regulation

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Jun 12, 2009

In February 2008, an amendment in “The Act on the Protection of Competition” (the Act) substantially changed the enforcement policy of Turkish Competition Board (“the Board”) by providing effective tools such as leniency and sanctions against individuals. In line with this amendment, the Board adopted two regulations, Regulation on Fines to Apply in Cases of Agreements, Concerted Practices and Decisions Limiting Competition, and Abuse of Dominant Position (the “Regulation”) and Regulation on Active Cooperation for Detecting Cartels (“Leniency Regulation”), which were published in the Official Gazette. These were the first steps of the beginning of a new era in the enforcement of Turkish Competition Law as more rigorous fines for infringements and a generous leniency program replaced the older system. This article aims to summarize the nature and characteristics of these regulations together with criticisms of the past practices of the Board.