NEWSLETTER-2020-metin

141 COMPETITION LAW administrative monetary fines on the undertakings that hinder or com- plicate on-the-spot inspections by five in one thousand of its gross revenue. Article 17 (1) of the Competition Act states that without prejudice to the penalties set forth in Article 16, paragraph one, the Board shall, for each day, impose on undertakings administrative fines by five in ten thousand of annual gross revenues of the relevant undertaking that was generated by the end of the financial year preceding the decision, or generated by the end of the financial year closest to the date of the decision, if it is impossible to calculate it, and which would be determined by the Board in the following cases: a) failure to comply with the obligations imposed, or commit- ments made, by a final decision or interim measure decision; b) preventing or complicating on-the-spot inspection; c) failure to provide the information or documents requested within the due period with respect to the implementation of Articles 14 and 15 of the Act, pursuant to paragraph one, sub-paragraphs (a) and (c), and administrative fines may be imposed as of the date when the due period for complying with the obligations in the decisions mentioned in these sub- paragraphs has expired. The administrative fines related to the act in sub-paragraph (a) may be imposed from the day following the notice of this decision, if the decision impo- sing the obligation has not established a definite period, and the administrative fine related to the acts in sub-paragraph (b) may be imposed from the day following the date upon which the act in question has been realized. What Happened On the on-the-spot inspection day, Siemens Healthcare em- ployees did not accept the case handlers’ search demand of all of the Siemens Healthcare employees based on the fact that the requested search method should have been directed to Siemens Healthineers AG, Siemens Healthcare’s (“Siemens Global”) global headquarters. Siemens Global has responded that such search shall be conducted via