Addressing The Finalization Of The Competition Board Decisions As Preliminary Issue In Compensation Lawsuits

Introduction

Article 57 and Article 58 of Law on the Protection of Competition numbered 4054 ("Law") permits those who suffered from competition violations to demand compensation for damages in civil courts. In this context, the judge may rule upon compensation that is three times the material damage incurred, or the profit gained, or was likely to be gained by those who caused the damage.

In compensation lawsuits filed on the basis of the Law, as generally accepted, the liability of unfair acts is taken into consideration. Accordingly, proof of the wrongful act, the damage, the causal link, and the fault, pursuant to Article 49 of Turkish Code of Obligations numbered 6098, is sought. Henceforth, the approach of the trial court to the "wrongful act" element is of importance. In most of the cases,¹ the Competition Board's ("Board") decisions are awaited for the determination of the wrongful act element; in other words, there is an inclination towards considering