1. GÜNCEL YARGI TATBİKATI IŞIĞINDA REKABET KURULU'NUN 12 BANKA KARARI ÜZERİNE AÇILAN TAZMİNAT DAVALARI BAĞLAMINDA AMPİRİK BİR İNCELEME.
- Author
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SANLI, Kerem Cem, KESİCİ, Buğra, and DOĞAN, Cihan
- Abstract
Following the Turkish Competition Board's 12 banks decision where the Board imposed an administrative monetary fines on 12 banks active in Turkey for colluding in the markets for savings, credits and credit cards, actions for damages arising from the competition law infringements which had a limited application under Turkish competition law practice, reached to an important scale. This is also proven by the statistical numbers. However, the Board's adoption of single and continuous infringement concept -that is also accepted by the competition law literaturedisregarding its effects on the actions for damages, leads to legally problematic approaches associated with the unlawfulness and damages element of the liability. The decisions of the courts and opinions in the legal literature result in divergences concerning the content of the Board's decision and the nature of this special liability concept. This divergence in opinions is also followed by the information pollution in this important subject. In this study, in an effort to provide a better understanding of the general framework of the problematic areas of this special liability concept and the process of the Turkish judicial application, an assessment on the important decisions of courts of first instance, district courts and the court of appeal rendered following the Board's 12 Banks Decision will be provided. In this regard, due to its correlation with other issues, the type of liability arising from the competition law infringements together with the procedural and substantive legal issues will be evaluated in a detailed manner. [ABSTRACT FROM AUTHOR]
- Published
- 2018