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Recidivism in Competition Law

ACTECON Papers, in its 7th issue, focuses on the concept of recidivism within the framework of competition law. Recidivism, which is accepted as an aggravating factor in competition legislation constitutes a crucial issue especially for the undertakings subjected to sanctions in competition investigations. As a general principle of law, recidivism means a person to commit a new crime following being convicted or punished from a preceding similar crime. Both in EU or Turkish Competition Law, there is no explanation regarding the definition and the conditions of recidivism. Thus, European Commission’s decisions and general criminal law principles have become the sole guidance for the implementation of recidivism. In this article written by Başak Yılmaz, the concept of recidivism abstracted with the decisions of European Commission and Turkish Competition Authority. Furthermore, the amount of fines resulting from recidivism and the probability of leniency application is also discussed.