Judicial review of administrative fines given by the Competition Authority

In this study, the judicial review of administrative fines given by the Competition Authority is discussed. Within the scope of the study, first of all, the limit of the element of authority in administrative fines given by the Competition Authority in terms of person, subject, place and time is discussed. Then, the administrative fines given by the Competition Authority were evaluated in terms of reason, subject, form and purpose. The reason factor in the administrative fines given by the Competition Authority has been examined under two headings as the reason factor in the administrative fines imposed in case of violation of the provisions on the merits and the procedure. The reason factor in the administrative fines imposed in case of violation of the provisions on the merits; anti competitive agreements, concerted practices and decisions, abuse of dominant position, mergers and acquisitions, and fines given to managers or employees who have a decisive effect on the violation are discussed in detail. Reason factor in administrative fines imposed in case of violation of procedural provisions; applications for exemption and negative clearance, providing false or misleading information or documents in permit applications for mergers and acquisitions, realization of mergers and acquisitions subject to permission without the permission of the Board, incomplete, incorrect or misleading information or document in the implementation of articles 14 and 15 of the Act on Protection of Competition or not providing the information or document within the specified period or not at all, preventing or making the on-site examination difficult or not complying with the obligations or commitments made with the final decision or interim measure decision. Within the scope of the subject factor, the discretion of the Board in determining the administrative fine, the judicial control over the discretion, the relationship between the reason and the subject factor, and the Regulation on Active Cooperation are included. In terms of the form factor, the process followed by the Board while establishing administrative fines was examined as preliminary investigation, investigation, oral defense and final decision phases, and the commitment and reconciliation procedure were discussed. Finally, the objective element of the administrative fine has been examined. Keywords: Competition Authority, administrative fines, judicial review