Preventive Consultancy Services
Today, compliance with the Competition law is becoming increasingly more and more important not only for large enterprises but also for sizes of establishments. Under the amendment on the law no. 4054 dated January 23, 2008, Competition Board has been granted to apply personal punishment to the administrators and employees as well. Again, due to the Punishment Regulation issued as a result of the same amendment, the rates of the fines to be applied have been upgraded significantly.
The safest way to avoid any risks, due to the existence of competition law applying effective sanctions, is putting an effective competition compliance programme into force, as shown in the examples all over the world. The presence of a compliance program, reduces the risks which the enterprises are facing and it will also be possible to accept it as the reason for a significant discount in the fines to be possibly applied as a result of any inspection in regards to the competition law.
In addition to defining the subjects which necessitates legal aid, an effective compliance program should also assist in knowing the boundaries of the allowed behaviours. Since the definition of the fields of possible risks will save the time, money and reputation of the enterprises and knowing the boundaries of the allowed behaviours in advance will encourage the companies and employees to follow innovative profitable strategies. In order to be credible, a compliance program should show that the enterprise’s actions and behaviours are executed in compatible way with the law.
The conditions required for an effective compliance program may be listed in brief as:
• Support of senior management,
• Determination of the appropriate policies and procedures,
• Training of employees and administrators,
• Establishment of monitoring, auditing and reporting mechanisms, disciplinary procedures and incentives
It will be beneficial to apply a compliance program, which is proposed by the enterprise in line with these principles.