Abstract:

In order to comply with the obligations imposed on it by national and international legislation, the State shall take various measures to prevent competitive behaviors in the commercial life or to prevent the abuse of market sovereignty. The Competition Authority is established with administrative and financial autonomy, which is equipped with the duties and powers of regulatory and supervisory qualification to fulfil and control the market, which is capable of making decisions that are sanctional and which has administrative and financial autonomy. In the first instance, the penalty will be imposed by the authority. In the relevant law, penalties are determined in rates varied according to the nature of the infringement. These rates shall be applied on the basis of the annual non-clean revenue formed at the end of the financial year before the final decision, or if it is not possible to calculate, on the basis of the annual non-clean revenue formed at the end of the financial year on the date of the final decision, and therefore the amounts of administrative fines shall be determined. However, the doubts about what to be understood from the phrase "final decision" contained in the legislation lead to unfair outcomes in the case of the penalties being re-defined in the event of the cancellation after the judicial review. In particular, as a result of the cancellation case, a re-decision is made in the nature of the application of the judgment, there are practices that are contrary to some of the basic principles of the law in terms of the determination of the ciro year that will be based on the maximum penalty rate. The fact that the use of the freedom of seeking rights reveals a fault that is not provided for by the law in terms of persons and that the administration is forced to suffer harder penalties for persons due to illegal behavior is open to criticism in terms of the basic principles of law and international law.