New Regulation On Active Cooperation To Uncover Cartels Enters Into Force

The Regulation on Active Cooperation for the Purpose of Uncovering Cartels, governing the procedures and principles for cooperation with the Turkish Competition Authority ("TCA") to uncover cartels and getting immunity from or leniency in fines was in force since 2009. The said regulation was replaced by the new Regulation on Active Cooperation for the Purpose of Uncovering Cartels ("Active Cooperation Regulation") which was published in the Official Gazette dated 16 December 2023 and entered into force on the same date.

The important changes introduced by the Active Cooperation Regulation are summarized below.

1. Significant Substantial Changes

The Active Cooperation Regulation defines the concept of "applicant" and provides that undertakings and associations of undertakings, as well as their executives and employees, may independently apply for active cooperation. In this context, it emphasizes the important role executives and employees play in the