Effects of European Commission Decisions on Competition Law Breaches before Turkish Courts in Private Actions

Effects of European Commission Decisions on Competition Law Breaches before Turkish Courts in Private Actions

Esat ÇINAR

2020/06 1. Baskı, 64 Sayfa

ISBN 978-625-7899-47-5

As a candidate country Turkey is affected strongly by the legal and economic changes in European Union. After the Association Agreement, introductions of the Act on the Protection of Competition and Turkish Competition Agency, Turkish Competition Law has been affected by European Union approach. The private actions remedy has also been placed in Turkish Law. But the position of European Commission decisions as administrative decisions on the breaches of Competition Law has not been clarified. This book is focusing on the appropriateness of European Commission decisions before Turkish Courts in the cases related with the private actions remedy. It analyses the situation of Competition Law in Turkey and European Union. Related legislations, judiciary and administrative approaches of both sides are being reviewed in this thesis. Beside the Competition Law, Civil Law and Civil Procedure Law of Turkey has been reviewed where they are relevant with main question. Reflections of comparative research and possible outcome of current situation has been explained.(ARKA KAPAKTAN)

Table of Content

1. Introduction
1.1. Background
1.2. Questions and Methodology
1.3. Current Situation in Literature
1.4. Structure of the Thesis and Limitation of the Subject

2. Aspects Regarding Competition Law in the Context of Turkish and EU Legal Regimes
2.1. Why Competition Law is Important?
2.2. Why Competition Law is Important for European Union?
2.3. Why Competition Law is Important for Turkey
2.4. Turkey EU relations in the Scope of Competition Law
2.5. Actions for Damages and Their Importance in Competition Law
2.6. The Problem of Proof in the Context of Legal Liability and Instruments of Proof

3. The Approach of Turkish Private Law to Compensation and Evidence
3.1. Compensation Claims before Turkish Courts
3.2. Turkish Approach to Evidence in Private Law Cases

4. Status of Foreign Decisions in the Legal System of Turkey

5. Application of Competition Rules by Turkish Authorities
5.1. The Approach of Turkish Supreme Court (Yargıtay)
5.2. The Approach of Turkish Competition Agency for Abuse of Dominance and Anti-Competitive Agreements

6. Possible Scenarios Regarding the Thesis Question
6.1. Scenario 1: If there is no applicable TCA decision about the breach
6.2. Scenario 2: If there is an applicable TCA decision on behalf of the defendant and EC has an opposite decision
6.3. Scenario 3: If the breach has been detected by TCA but the decision of EC tells the opposite

7. SUMMARY and CONCLUSION

Bibliography