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ARTICLE · 14 SEPTEMBER 2020

(Gerekçesini) Görmeden İnanmam!

Balcioglu Selçuk Eymirlioglu Ardiyok Keki Attorney Partnership
Balcioglu Selçuk Eymirlioglu Ardiyok Keki Attorney Partnership
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Balcioglu Selçuk Eymirlioglu Ardiyok Keki Attorney Partnership

Balcioglu Selçuk Eymirlioglu Ardiyok Keki Attorney Partnership

Balcıoğlu Selçuk Eymirlioğlu Ardıyok Keki Attorney Partnership (BASEAK) is an Istanbul-based...

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Daha önce yayımladığımız yazımızda Rekabet Kurulu ("Kurul") soruşturmalarında delillerin nasıl incelenmesi gerektiğini incelemiştik.

TurkeyAntitrust/Competition Law
BASEAK
BASEAK
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Daha önce yayimladigimiz yazimizda Rekabet Kurulu ("Kurul") sorusturmalarinda delillerin nasil incelenmesi gerektigini incelemistik. Bugün ise delil degerlendirmesinin bir uzanimi olarak kararlarin gerekçelendirilmesi konusunu ele alacagiz. Idarenin yargisal denetimi ve yerindelik tespiti ile hukuk güvenceleri ve temel haklarin gözetilmesi çatisi altinda, Kurul incelemelerinden temyize uzanan her asamada usuli hakkaniyetin saglanabilmesi için Kurul kararlarinin yalnizca gerekçeli olmasi yeterli degildir. Ayrica bu gerekçenin maddi fiiller ile hükmün dayandigi deliller arasindaki iliskiyi göstermeye elverisli; lehe ve aleyhe tüm delilleri ortaya koyan bir nitelige sahip olmasi hukukun temel gereksindirmelerindendir. Bu atmosferde, sirasiyla rekabet hukuku ile ceza usulü arasindaki yakinsakligi inceledikten sonra Avrupa Insan Haklari Mahkemesi ("AIHM") kararlari isiginda bu yakinsakligi somutlastiracak, ardindan gerekçeli kararin Kurul karari öncesinde, karar asamasi

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