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ELIG Attorneys at Law

2. No specific case resolution mechanism. Enforcement Regime in TurkeyAdministrative/CivilNo Cartel Settlement SystemThe Competition Board is required to launch at least a preliminary investigation into an allegation of violation ? no possibility to close/settle a file without conducting a dawn

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ELIG Attorneys at Law

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    1. 1 ELIG Attorneys at Law ICN Plenary V: Case resolution methods and factors for effectively choosing them

    2. 2 No specific case resolution mechanism Enforcement Regime in Turkey Administrative/Civil No Cartel Settlement System The Competition Board is required to launch at least a preliminary investigation into an allegation of violation – no possibility to close/settle a file without conducting a dawn raid. No specific case resolution methods in Turkey. The enforcement is marked by the handlings of the Turkish Competition Authority. The Turkish Competition Authority does not have a consistent practice in terms of cartel regulation and/or case resolutions.

    3. 3 No specific case resolution mechanism (continued) The Turkish Competition Authority may choose one of the following actions. The defendants are not able to select in between: 1. The Turkish Competition Authority may launch a preliminary investigation and reject/drop the case without taking any further action (e.g. Airlines decision). 2. The Competition Authority may launch a preliminary investigation and order certain structural and/or behavioral remedies; but to refrain from launching a full-fledged investigation (e.g. Private teaching institutions decision).

    4. 4 No specific case resolution mechanism (continued) 3. The Competition Authority may launch a full fledge investigation but order certain structural/behavioral remedies without a fine (e.g. Aegean cement decision). 4. The Competition Authority may launch a full fledge investigation, issue a fine but not order structural/behavioral remedies (e.g. Bank sector decision). 5. The Competition Authority may launch a full fledge investigation and order certain structural/behavioral remedies and issue a fine (e.g. Istanbul bread manufacturers decision).

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    7. 7 Case Resolution in Private Lawsuits Courts are reluctant to go into the merits. They await the Competition Board’s decision on the substantive side. They do not discuss or question the contents of the Competition Board’s decisions. 3M / Keskin Decision – The arbitral tribunal respected the Board’s decision to use Article 9 instead of launching a fully-fledged investigation and refrained from going into the merits of the case under Law No. 4054.

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    9. 9 THANK YOU

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