The Competition Authority (“Authority”) published the “Regulation on Cooperation for the Purpose of Uncovering Cartels” in the Official Gazette dated December 16, 2023 and numbered 32401. The Regulation” (“Regulation”) was published in the Official Gazette dated February 15, 2009 and numbered 27142 and thus the regulation with the same name (“Repealed Regulation”), which was published in the Official Gazette dated February 15, 2009 and numbered 27142 and was being implemented by the Competition Board (“Board”), was abolished as of December 16, 2023.
Compared to the Repealed Regulation, new definitions have been introduced, reduction conditions and procedures and reduction rates have been changed under the Regulation.
Regulation-Induced Changes
The definitions of “Applicant”, “ Cartel Facilitator”, “ Cartel Party”, “ Value-Adding Document” have been introduced to the legislation within the scope of this Regulation and the defitinion for “Unit in Charge” in the Repealed Regulation has been amended.
Cartel facilitators are also included within the scope of the articles of the Regulation titled “non-payment of fines” and “reduction of fines”.
Regulation states that Applicants should submit Value-Added information and documents in order to benefit from the possibility of reduction in fines.
Regulation introduces a time limit of three months following the receipt of the investigation notice, prior to the receipt of the investigation report.
With the Regulation, the discount rates under the Repealed Regulation have been changed in a manner to widen the range of potential administrative fine reductions.
The Regulation came into effect as of December 16, 2023.
You can access Regulation via the link below.
https://www.resmigazete.gov.tr/eskiler/2023/12/20231216-9.htm
