Leniency applications

Deciding on whether to apply for leniency is an important step. ACTECON offers expert evaluations and risk analysis in order to determine whether company’s conduct in the market contains any competition law concern or violations and hence whether the leniency application is necessary. We support businesses throughout the whole leniency application process. We also have an extensive experience in relation to managing multinational leniency applications and collaborating with lawyers in other jurisdictions in this regard.

  • Leniency policy was implemented in Turkey in 2009 when Regulation on Active Cooperation for Detecting Cartels was enacted.
  • Leniency applications in Turkey are possible until the investigation report has been officially served.
  • Full or partial immunity may be offered depending on order/timing of application submission and compliance with eligibility criteria.
  • Normally only first ‘whistle blower’ may be entitled to full immunity (subject to certain conditions, i.e. timing is crucial here – it has to be before preliminary investigation decision is taken).
  • Partial immunity (reduction in fines) is possible for either (i) those ‘whistle blowers’ who qualify for full immunity, but they are late as the preliminary investigation decision is taken; or (ii) those who are not the first ones to approach the Competition Authority.