As we have previously shared and examined in detail, the Regulation on Administrative Fines to Apply in Cases of Agreements Concerted Practices and Abuse of Dominant Position ("New Regulation") was published in the Official Gazette on December 27, 2024, and entered into force as of its publication date. The New Regulation introduces significant changes in the methodology for determining administrative fines imposed for competition law infringements.
On February 19, 2025, Guideline on Administrative Fines to Apply in Cases of Agreements Concerted Practices and Abuse of Dominant Position ("Guideline") was published.
The Guideline outlines the principles for determining administrative fines, the criteria to be considered in determining the base fine rate, and the content of these criteria. It also provides guidance on how the duration of the infringement will be calculated, how aggravating and mitigating factors will be assessed in determining the final fine rate, and the key aspects to be considered in discretionary aggravating and mitigating factors. Additionally, the Guideline includes example scenarios for calculating administrative fines.
The New Regulation and the Guideline are expected to significantly impact the defense strategies developed by undertakings during investigations and lead to discussions regarding the application principles of the new provisions in specific cases. Moreover, given that the New Regulation came into effect as of its publication date, we may conclude that the changes implemented by the New Regulation and the Guideline will also apply to ongoing investigations.
You can access the Guideline via this link.