A BRIEF OVERVIEW OF ACTIONS FOR DAMAGES iN TURKISH COMPETITION LA W iN THE LIGHT OF THE LATEST IMPROVEMENTS OF EU COMPETITION LA W

Authors : Murat Şahin

Pages : 315-341

View : 4 | Download : 19

Publication Date : 2008-06-30

Article Type : Research Paper

Abstract :The methods of public enforcement whose aim is to ensure economic activity by protecting the competition process and to increase the social welfare, consist of certain type of enforcements that are applied by the administrative authorities in charge, targeting those who have committed the violations. On the other hand, in order to enable natural persons who claim to have suffered damages as a result of the violation of the competition law rules, to become a party in the lawsuits for the compensation of these losses or their being able to request that other measures are taken in addition to the compensation of the losses of these persons, may only become possible by the arrangement of private enforcements. in this context, among the private enforcements which may be envisaged, invalidity of the judgments and agreements against the rules of the competition law, actions for damages, actions for prevention of violation (injunctive suit) and for stopping the violation may be mentioned. in this study, taking also into consideration the USA and EU competition law, the private enforcement remedies in Turkish competition law and in this context, the actions for damages shall be dealt with.
Keywords : Private enforcement, Action for damages, Passing-on defense, lndirect purchaser, Treble damages.