Litigation and Damages

Competition Board decisions are subject to review by the administrative courts, and a competition infringement may also give rise to damages actions brought by those harmed, separately from the Board’s fine. We represent your company in annulment actions against Board decisions and at the appeal stages; we bring treble damages actions arising from competition infringements, or conduct your defence in them.

How is an action brought against a Competition Board decision?

Annulment actions against Competition Board decisions are brought before the administrative court. The time limit for bringing an action is sixty days from notification of the decision. The first-instance judgment can be appealed to the Regional Administrative Court, and that court’s decision can be appealed to the Council of State.

Bringing an action does not automatically suspend enforcement of the decision; a stay of execution must be requested from the court.

What are treble damages?

Under Law No. 4054, anyone harmed by a competition infringement may claim compensation for their loss. If the loss results from an agreement or decision of the parties, or from their gross negligence, the judge may, at the request of the injured party, award damages of three times the material loss suffered. Customers harmed by cartels and competitors harmed by exclusionary practices are the typical claimants in these actions.

Scope

Bringing annulment actions against Competition Board decisions before the first-instance courts
Representing companies before the Regional Administrative Court and the Council of State
Bringing treble damages actions before the civil courts
Defending companies in damages actions based on alleged competition infringements

How We Work

Reviewing the Board’s decision, its reasoning and the investigation file
Assessing whether to bring an action and request a stay of execution
Drafting the statement of claim; conducting the first-instance, appeal and cassation stages
Coordinating with economic experts to quantify the loss in damages actions
Managing the relationship between the Board’s decision and the damages action together

Team

Hasan Çakan Partner

Frequently Asked Questions

Within what period must we bring an action against a Board decision?

Within sixty days of notification of the decision. This is a strict time limit and, if it is missed, the decision becomes final; preparation of the action should therefore begin as soon as the reasoned decision is served.

Do we lose the right to sue if we pay the fine?

No. If the administrative fine is paid within one month of notification, a one-quarter discount applies, and the payment does not affect the right to bring an action. If the action succeeds, the amount paid is refunded.

Can we bring an action if we have settled?

The matters in the settlement text and the administrative fine imposed as a result of the settlement cannot be challenged in court. This consequence, and possible damages actions, should be taken into account before deciding to settle.

Is a Board decision required for a damages action?

The law does not require one; the infringement can be proved directly in court. In practice, however, damages actions are mostly brought after a Board decision finding an infringement, and that decision is strong evidence in the action.

Would you like to discuss this service? Schedule a meeting with us — the first meeting is free of charge.

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