Aggravating Factors for Sanctions in Turkish Competition Law

In setting the administrative monetary fine, the Turkish Competition Board (Board) takes into account the following aggravating factors set out under Article 6 of the Regulation on Fines to Apply in Cases of Agreements, Concerted Practices and Decisions Limiting Competition, and Abuse of Dominant Position (Regulation on Fines):

1. The base fine shall be increased by half, up to one-fold:
   1. For each instance of repetition, in case the violation is repeated,
   2. In case the cartel is maintained after the notification of the investigation decision.
2. The base fine may be increased:
   1. by half up to one-fold, where the commitments made for the elimination of the competition problems raised within the scope of Article 4 or 6 of Law No. 4054 are not met,
   2. by up to half, where no assistance is provided during the examination,
   3. by up to one fourth in cases such as coercing other undertakings into the infringement.

These aggravating factors are listed on the basis of the numerus clausus principle under the Regulation on Fines, i.e., only these particular factors cited can be taken into consideration by the Board, on a case-by-case basis.

For more information on aggravating factors for fines in Turkish competition law, please feel free to reach out to ELIG Gurkaynak at +90 212 327 1724 or through gonenc.gurkaynak@elig.com.