Formal Investigation

A formal investigation is the comprehensive review process that starts when the Competition Board finds serious suspicion of an infringement after a preliminary investigation, or decides to open an investigation directly. Undertakings have rights of defence and the process may end with a finding of infringement and sanctions.

Duration

By law the investigation must be completed within six months; this may be extended by up to six months if necessary. The defence stages are outside this period, so in practice the process often exceeds a year.

Defence Stages

1. Notification of the investigation: The undertaking is notified of a summary of the allegations.
2. First written defence: Submitted within thirty days of notification.
3. Investigation report: The report containing the Authority’s findings and proposed sanctions is served on the parties.
4. Second written defence: Submitted within thirty days against the report.
5. Additional opinion and third written defence: The final written defence is submitted within thirty days against the case handlers’ additional opinion.
6. Oral hearing: If requested by the parties, an oral hearing is held before the Board.
7. Final decision: The Board decides whether there is an infringement and on sanctions.

Defence periods may be extended once, by up to thirty days, for justified reasons. Parties may use their right of access to the file to review the evidence the Authority relies on.

Ways to Close an Investigation Early

• Settlement: A fine reduction of ten to twenty-five percent in return for admitting the infringement,
• Commitments: Offering commitments that address competition concerns, except for clear and serious infringements,
• Leniency: Fine reduction or immunity in cartel cases.

After the Decision

An annulment action against the Board’s final decision may be brought before the Ankara Administrative Court within sixty days of service. A decision finding an infringement is strong evidence in treble damages claims brought by those harmed. If the administrative fine is paid within one month of service, a one-quarter reduction applies.