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ARTICLE · 14 JULY 2020

Rekabet Soruşturmalarında Delillerin Değerlendirilmesi

Balcıoğlu Selçuk Eymirlioğlu Ardıyok Keki Attorney Partnership
Balcıoğlu Selçuk Eymirlioğlu Ardıyok Keki Attorney Partnership
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Balcıoğlu Selçuk Eymirlioğlu Ardıyok Keki Attorney Partnership

Balcıoğlu Selçuk Eymirlioğlu Ardıyok Keki Attorney Partnership

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

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4054 sayılı Rekabetin Korunması Hakkında Kanun'un ("Rekabet Kanunu") 9. maddesine göre ihbar, şikâyet, resen, pişmanlık ve Bakanlık...

TurkeyAntitrust/Competition Law
Reşit Gürpınar
Reşit Gürpınar
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4054 sayılı Rekabetin Korunması Hakkında Kanun'un ("Rekabet Kanunu") 9. maddesine göre ihbar, şikâyet, resen, pişmanlık ve Bakanlık talebi ile Rekabet Kurumu'na intikal eden rekabet ihlallerine ilişkin iddialar üzerine Kurum anılan yasada öngörülen usullere göre gerekli işlemleri yapmak üzere harekete geçmektedir. Bilindiği gibi bu aşamalar, ceza yargılamasında olan soruşturma ve kovuşturma aşamalarına benzer nitelikte olan önaraştırma ve soruşturma aşamalarıdır. Biz bu yazımızda, önaraştırma aşamasından soruşturma aşamasına geçmiş olan olaylarda, dosya ile ilgili olarak toplanan delillerin tamamının Kurul'a ve taraflara sunulması gerekliliği konusunu işleyeceğiz.

Rekabet Kanununun 44. maddesinin 1. fıkrasında; Kurul adına hareket eden ve Kurul tarafından belirlenip görevlendirilen raportörlerden oluşan bir heyetin soruşturma safhasında, Kanunun 14.maddesinde düzenlenen "bilgi isteme'' ve 15. maddesinde düzenlenen ''yerinde inceleme yetkilerini kullanabileceği,

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