The Turkish Ankara 9th Administrative Court annuls the Competition Authority’s decision to impose an administrative monetary fine on a chemical supplier stating that the standard of proof has not been met (Hicri Ercili)

The Ankara 9 th Administrative Court (“Administrative Court”) annulled the decision [1] of the Turkish Competition Board (“Board”) where an administrative fine of TL 11,214,051.26 was imposed on Hicri Ercili Deniz Nakliyat Kimyevi Maddeler San. ve Tic. Ltd. Şti.) (“Hicri Ercili”), a supplier of the chemical products used for the chemical treatment and disinfection processes in water treatment plants in Turkey. The Board imposed the relevant fine on the grounds that Hicri Ercili has violated Article 4 of the Law No. 4054 on the Protection of the Competition (“Law No. 4054”) by way of collaborating with Ak-Kim Kimya Sanayi ve Ticaret A.Ş. (“Ak-Kim”) in the 2018 tender of Ankara Municipality (“Tender”) for the purchase of aluminium sulfate (“Hicri Ercili Decision”). [2] The Ankara 9 th Administrative

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Authors

  • ELIG Gürkaynak Attorneys-at-Law (Istanbul)
  • ELIG Gürkaynak Attorneys-at-Law (Istanbul)
  • ELIG Gürkaynak Attorneys-at-Law (Istanbul)
  • ELIG Gürkaynak Attorneys-at-Law (Istanbul)

Quotation

Gönenç Gürkaynak, Berfu Akgun, Zeynep Ayata Aydoğan, Ersagun Berkay Kiltan, The Turkish Ankara 9th Administrative Court annuls the Competition Authority’s decision to impose an administrative monetary fine on a chemical supplier stating that the standard of proof has not been met (Hicri Ercili), 30 May 2022, e-Competitions Burden of proof, Art. N° 107744

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