Factual impossibility refers to an act in which the defendant purposely intends to commit a crime but the act does not qualify as a crime due to the impractical tools of crime or the lack of material elements of the crime (actus reus). As per Misdemeanour Act No. 5326, a misdemeanour is defined as “injustice that is not considered as crime and require the imposition of administrative sanctions in their relevant laws” and competition law infringements are considered to be misdemeanours pursuant to this definition.

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