Arbitrability Of The Competition Law Disputes

Introduction

Delictual character of the competition law disputes usually renders them inadequate for the arbitration since the parties could not foresee such an event and conclude an arbitration agreement before the arise of this event. However, in certain cases competition law disputes may result from a contractual relationship. When a contract has anticompetitive implications or when a preliminary question on competition law arise before the resolution of the principal dispute, the question may be considered within the scope of the arbitration agreement. In these cases, arbitrability of the competition law disputes must be assessed. On the international level, today the case law tends to give a positive answer to this question. However, Turkish doctrine is divided on the relevant issue, and there are no Court decisions explicitly prohibiting or allowing such practice. We will assess the arbitrability of the competition law disputes under the Turkish law, and