Edited by Albert A. Foer and Jonathan W. Cuneo
Chapter 23: Turkey
Hilmi Bolatoglu1 Introduction Turkey utilizes a dual system of administrative and private antitrust enforcement. Although the Turkish Competition Authority (TCA), a government agency established pursuant to The Act on the Protection of Competition2 (Competition Act), plays a central role in this dual system, private actions for damages also have very strong statutory roots which make private enforcement potentially important for Turkish competition law. Provisions regarding damages actions in the Competition Act depart from the general rules of the Code of Obligations both in proving injury and in calculating damages.3 Competition infringements may be classified as a new and unique statutory cause of action other than those codified in the Code of Obligations.4 Provisions concerning substantive issues such as restrictive agreements, abuse of dominant position and merger control in the Competition Act are adapted from the competition law area of the acquis communautaire5 of the European Community (EC).6 However, the Turkish Parliament has followed the US example in damages actions, explicitly codifying rules similar to those found in the Clayton Act. Interestingly, this adaptation includes relief in the form of treble damages,7 a concept not previously recognized in Turkish liability law.8 As the EC law does not have Community-wide legal provisions governing damages in private actions, adaptation of the US approach might be regarded as a significant contribution to the effectiveness of private enforcement. Thus, the Competition Act seems divided between the EC and US approaches. This dichotomy 1 Competition Expert & Legal Counsel, Turkish Competition Authority; LL.M. University of...
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