ELIG Gürkaynak Attorneys-at-Law is an eminent, independent Turkish law firm based in Istanbul. The firm was founded in 2005. ELIG Gürkaynak is committed to providing its clients with high-quality legal services. We combine a solid knowledge of Turkish law with a business-minded approach to develop legal solutions that meet the ever-changing needs of our clients in their international and domestic operations. Our legal team consists of 90 lawyers. We take pride in being able to assist our clients in all fields of law. Our areas of expertise particularly include competition law, corporate law, M&A, contracts law, white collar irregularities and compliance, data protection and cybersecurity law, litigation and dispute resolution, Internet law, technology, media and telecommunications law, intellectual property law, administrative law, real estate law, anti-dumping law, pharma and healthcare regulatory, employment law, and banking and finance law.
The Law on the Protection of Competition (the "Competition Law") has put in place a strict and deterrent fining regime, coupled with a leniency programme for companies.
TurkeyCompetition and Antitrust
The Law on the Protection of Competition (the
"Competition Law") has put in place a
strict and deterrent fining regime, coupled with a leniency
program for companies. The secondary legislation specifying the
details of the leniency mechanism, namely the Regulation on Active
Cooperation for Discovery of Cartels (the "Leniency
Regulation"), was enacted on 15 February 2009. A
guideline that supplements the enforcement of the Leniency
Regulation was published in April 2013.
The leniency program is only available for cartelists. It does
not apply to other forms of antitrust infringement. The definition
of cartel encompasses price fixing, customer, supplier or market
sharing, restricting output or placing quotas and bid rigging.
The Leniency Regulation sets out detailed and strict conditions
for benefiting from immunity/reduction. A cartelist may apply for
leniency until the full-fledged investigation report is officially
served. Depending on the application order, there may be total
immunity from, or reduction of, a fine with the exception of the
'ring-leader', who can only benefit from a second degree
reduction of fines.
Take Note
This document is not intended to create an attorney-client relationship. You should not act or rely on any information in this document
without first seeking legal advice. This material is intended for general information purposes only and does not constitute legal advice. If you
have any specific questions on any legal matter, you should consult a professional legal services provider.
Contributor
ELIG Gürkaynak Attorneys-at-Law is an eminent, independent Turkish law firm based in Istanbul. The firm was founded in 2005. ELIG Gürkaynak is committed to providing its clients with high-quality legal services. We combine a solid knowledge of Turkish law with a business-minded approach to develop legal solutions that meet the ever-changing needs of our clients in their international and domestic operations. Our legal team consists of 90 lawyers. We take pride in being able to assist our clients in all fields of law. Our areas of expertise particularly include competition law, corporate law, M&A, contracts law, white collar irregularities and compliance, data protection and cybersecurity law, litigation and dispute resolution, Internet law, technology, media and telecommunications law, intellectual property law, administrative law, real estate law, anti-dumping law, pharma and healthcare regulatory, employment law, and banking and finance law.
