Turkiye: Competition Authority adopted guidelines on administrative fines to be imposed in case of agreements, concerted practices and decisions restricting competition and abuse of dominant position

On 13 February 2025, the Turkish Competition Authority adopted the guidelines on administrative fines to be imposed in case of agreements, concerted practices and decisions restricting competition and abuse of dominant position. The guidelines clarify the framework for determining administrative fines imposed on businesses and individuals for violations of competition law. This framework aims to ensure penalties are calculated transparently, adhering to principles of legal certainty and proportionality. The guidelines emphasise the importance of deterrence in enforcing competition law, aiming to prevent future violations by imposing fines that reflect the severity and impact of the infringement. It clarifies the calculation of base fine rates, which are determined based on the nature of the violation and its potential or actual harm to competition. The base fine rate can be adjusted upwards or downwards depending on various factors, including the duration of the infringement, the market power of the offending entity, and whether the violation was intentional or negligent. It also highlights that mitigating factors, including cooperation with authorities or the presence of extenuating circumstances, can reduce the penalty. Businesses that self-report violations or cooperate with investigations may be eligible for reduced penalties. The guidelines also set out legal limits for fines, ensuring they do not exceed a certain percentage of the offending entity's annual gross revenue. The guidelines also address the application of fines to individuals, such as managers or employees, who played a role in the violation, emphasizing personal accountability.