Global Competition Law is primarly a practitioner's guide presenting the most salient aspects of the major competition laws country by country, giving an overview of their structure and most charasteristic elements.
Global Competition Law also provides insight into possible future developments in the field.

Global Competition Law

Under Section 57 et seq., any undertaking which prevents, distorts or restricts competition via practices, decisions, contracts or agreements contrary to the Act, or abuses its dominant position in a particular market for goods or services, is obliged to compensate for any damages suffered by the injured parties. If the damage stems from the behavior of more than one undertaking, all the undertaki …

Enforcement by ordinary courts

Upon application or on its own initiative, the Competition Board may initiate what is referred to as a preliminary inquiry in order to decide whether it is necessary to actually begin a specific investigation (Section 40). Alternatively, the Board may initiate a full investigation of its own motion. In the case of a preliminary investigation, an expert is assigned and conducts the preliminary inquiry over 30 days. Within a 10-day period following the submission of a preliminary inquiry report, a decision will be taken as to whether a full investigation should be carried out (Section 41). If the Board rejects the investigation, anyone showing they have a direct or indirect interest may take action against the rejection decision of the Board. On the contrary, the decision to initiate an investigation is final (Section 43).

Upon the initiation of an investigation, the Board selects a reporter or a group of reporters to carry out the investigation. The period for an investigation must not exceed 6 months, with the possibility of extension for another 6-month period. The parties must be informed within 15 days that they are under investigation and be given sufficient information regarding the nature and type of allegation against them (Section 42).

Pursuant to Section 14, the Board “in carrying out the duties set forth in this Law, may request all necessary information from any public authorities and entities, enterprises and associations of enterprises.” Furthermore, under Section 15, the Board is entitled to carry out all necessary investigations in the premises of the enterprise and in particular to:

- examine the books, documents of all types and other records of the enterprises or associations of enterprises and where necessary make copies of those documents;

- request written and oral explanations on certain issues;

- carry out on-the-spot investigations on the premises concerning the assets of the undertaking(s).

The 2020 amendments expressly specify that the power of the Board to examine and obtain copies of documents extends to electronic data.

The parties may request a copy of all documents issued by the Board and all evidence obtained (Section 44). The report prepared at the end of the investigation stage is notified to all Board members and the party(ies) involved, and the latter have thirty days to submit a defense. Both the Board and the parties may exchange replies thereafter (Section 45).

The 2020 amendments also introduced commitment and settlement procedures into Turkish law. 

Pursuant to the new provisions of the Act, commitments presented by the parties may terminate proceedings where they eliminate the Board's competition concerns. However, they are not available for hardcore infringements. 

The settlement procedure may be initiated at the request of the parties or ex officio by the Board. As in the EU system, it requires an admission of guilt and a waiver on appeal. In consideration of those requirements, the undertaking may be granted a fine reduction of up to 25%. 

Complaints and investigations

A hearing is held if the parties so request, or if the Board so decides, no sooner than thirty days after the investigation is complete but not more than sixty days thereafter. Hearings are held publicly unless the Board concludes that a particular hearing should be held in camera. Since the amendment of 2 July 2005, at least four members must be present in addition to the Chairman or Deputy Chairman. The Board decides with a vote of at least four members. If the quorum is not attained in the second meeting, the decision is made via the absolute majority. The final decision is to be made at the hearing or by reasoned decision within 15 days thereafter (Sections 46 to 51).

The decision of the Board is published on the Internet page of the Authority in such a way as to preserve the trade secret of the parties (Section 53).

Proceedings before the Competition Board

  Where it appears that serious and irreparable damage may occur before a final decision can be taken, the Board may take interim measures to protect the status quo (Section 9).

Interim relief

Under Section 57 et seq., any undertaking which prevents, distorts or restricts competition via practices, decisions, contracts or agreements contrary to the Act, or abuses its dominant position in a particular market for goods or services, is obliged to compensate for any damages suffered by the injured parties. If the damage stems from the behavior of more than one undertaking, all the undertakings concerned must be held jointly responsible for the damage.

Those who suffer as a result of the prevention, distortion or restriction of competition, may claim the difference between the cost they paid and the cost they would have paid if competition had not been restricted. Competing undertakings affected by the limitation of competition may request that all of their damages be compensated by the undertaking or undertakings which restricted competition. In determining the damage, all profits expected to be gained by the injured undertakings are calculated taking into account the balance sheets of the previous years.

If the resulting damage arises from an agreement or decision of the parties, or from cases involving gross negligence, the court may, upon the request of the injured party, award compensation of up to three times the material damage incurred or the profits made or likely to be made by those who caused the damage. 

Global Competition Law

1341. Enforcement by ordinary courts

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Les notions juridiques connexes

1341. Enforcement by ordinary courts

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise