The Turkish Constitutional Court rules that the principle of legality of crimes and punishments violated with respect to determination of administrative fine by the Competition Authority (Onmed)

Introduction On 30 September 2020, the Constitutional Court’s long-awaited decision as regards the controversies arisen from the application of the most favorable law in competition law cases was announced in the Turkish Official Gazette [1]. This decision appears to be a crucial one as it is the first decision of the Constitutional Court finding a violation of constitutional rights of the concerned undertaking during the appeal process of a competition law case [2]. The Constitutional Court’s decision is also significant as it is highlighting the nature of administrative sanctions that can be imposed in competition law cases and thus the importance of implementing the principle of legality of crimes and punishments in such cases. Having said that, it has become one of the most popular

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Ertuğrul Can Canbolat, Burak Bugrahan Sezer, Caner Cesit, The Turkish Constitutional Court rules that the principle of legality of crimes and punishments violated with respect to determination of administrative fine by the Competition Authority (Onmed), 17 June 2020, e-Competitions June 2020, Art. N° 97207

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