Sanction request for fertilizer companies
The Competition Board, which opened an investigation against companies operating in the fertilizer industry, requested the application of administrative fines after the oral defense of the companies today.
Following the increase in fertilizer prices, the Board had examined 6 companies in accordance with the article ‘Actions and decisions of conformity’ of the Law for the Protection of Competition No. 4054.
After the Board of Directors met at 10:30 am today and the companies made their oral defense, the investigation committee issued its opinion based on the information and findings obtained.
Pointing out that the investigative party, the companies BAGFAŞ, EGE GÜBRE, GEMLIK, GÜBRETAŞ and TOROS, violated article 4 of Law No. 4054 through the exchange of competitively sensitive information, the investigative committee indicated that an administrative fine should be imposed on these companies in accordance with the third paragraph of article 16 of said Law.
BETWEEN 0.5 PERCENT AND 3% OF INCOME
In the opinion it was indicated that for the calculation of the basic fine, a rate between 0.5 and 3 percent of the gross annual income of the infringing companies should be taken as a base, to be determined by the Board.
The delegation also stated that there was no evidence that ETİ BAKIR violated Law No. 4054; shared the view that it was concluded that an administrative fine could not be imposed on this company.
REQUEST FOR ‘INCREASE IN THE AMOUNT OF THE FINE’ FOR 3 COMPANIES
In the opinion of the investigative committee, it is stated that the rape took less than 1 year for BAGFAŞ and GEMLIK; For EGE GÜBRE, GÜBRETAŞ and TOROS, it was indicated that the duration of the infraction was from 1 to 5 years, therefore, the amount of the fines determined for EGE GÜBRE, GÜBRETAŞ and TOROS must be increased by half in accordance with the third paragraph of article 5 of the Penal Code.
“There is no aggravating or mitigating element in the scope of the Criminal Regulation.
evaluated.”