The Regulation Amending the Regulation on Fines for Anti-Competitive Agreements, Concerted Practices, Decisions and Abuse of Dominant Position (‘’Regulation’’) has been published in the Official Gazette dated 15.06.2022 and numbered 31867.
With the Regulation, the definition of gross annual income in Regulation on Fines for Anti-Competitive Agreements, Concerted Practices, Decisions and Abuse of Dominant Positions’ subparagraph f of the first paragraph of Article 3 has been amended.
Formerly, gross annual income was defined as ‘’ ‘The net sales in the uniform chart of accounts or if it is not possible to calculate it, the closest income to the net sales that will be determined by the Board.’’
With the new regulation, this definition has been amended as ‘’The net sales in the uniform chart of accounts or if it is not possible to calculate it, the closest income to the net sales that will be determined by the Board (For any reason whatsoever, in cases it is determined that the enterprises have accounted their (main) operating income under the items of accounts which are not considered in the calculation of net sales, such as ordinary income or profits from other operations, the aforementioned amounts are also taken into account when determining the gross annual income.)’’
Based on this amendment, if it is determined that the real operating income is accounted by enterprises under the item of accounts of other operations which are not considered in the calculation of net sales, the amount in question will also be taken into account when determining the gross annual income.
You can access the full Turkish text of the Regulation from the link below.
https://www.resmigazete.gov.tr/eskiler/2022/06/20220615-3.htm
