Investigations, Applications and Complaints

Competition Board investigations mean fines of up to ten per cent of annual turnover and a long defence process. We prepare your applications and complaints to the Board about competitors’ infringements; in preliminary investigations and investigations opened against your company, we represent you, set the defence strategy and see the process through to the end.

How does a competition investigation work?

The Board acts on a complaint or tip-off, or of its own motion. A preliminary investigation comes first, and if the suspicion of infringement is found to be serious at that stage, an investigation is opened. By law, the investigation is completed within six months; where necessary, this period may be extended by up to six months.

In the investigation, the company submits its first written defence after notification that the investigation has been opened, and its second written defence after the investigation report is served; these are followed by an additional written opinion and an oral hearing before the Board. The Board gives its final decision at the end of these stages.

What are commitments, settlement and leniency?

Commitments allow a company to prevent an investigation from being opened, or to bring it to an end, by undertaking obligations that address the competition concerns; they are not available for hardcore cartels. Settlement means a reduction in the fine in return for admitting the infringement during the investigation. Leniency (active cooperation) gives a company that took part in a cartel immunity from or a reduction in the fine if it reports the cartel to the Authority. Which route to take is a strategic decision that depends on the content of the file.

Scope

Making applications and complaints to the Competition Board
Representation in Competition Board investigations; setting and implementing the strategy throughout the investigation
Running commitment, settlement and leniency processes
Preparing negative clearance and individual exemption applications

How We Work

Reviewing the Authority’s requests for information, the documents on file and internal correspondence
Assessing the options of defence, commitments, settlement or leniency, and setting the strategy
Preparing written defences and, where necessary, economic analyses
Representing the company at the oral hearing
After the Board’s decision, assessing whether to litigate and putting compliance measures in place

Team

Hasan Çakan Partner

Frequently Asked Questions

Will it become known that we filed the complaint?

A complainant may ask for its identity to be kept confidential. However, the content of the complaint and the information provided may reveal its identity, so the application should be prepared with this risk in mind.

What does settlement offer?

Settlement brings the investigation to a quicker conclusion and reduces the fine. In return, the company admits the infringement, and the matters in the settlement text and the fine imposed cannot later be challenged in court. The decision to settle should therefore take possible damages actions into account.

How long does an investigation take?

By law, the investigation itself is completed within six months and may be extended by up to six months. With the preliminary investigation and the defence stages added, the whole process often takes more than a year.

What is negative clearance?

Negative clearance is confirmation by the Board that an agreement or practice does not infringe the competition rules. It can be sought to obtain legal certainty, particularly before launching a new business model or contract structure.

Would you like to discuss this service? Schedule a meeting with us — the first meeting is free of charge.

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