Antimonopoly Commitee in Turkey

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The rapid growth in trade and the economy does not only attract investitions from all over the world, but also entails such problems as monopolization and unfair competition, which implies a violation of the rules of fair business practices and may bring serious damage to reputation and the commercial activities of a competitor.

We have already talked about the kinds of unfair competition on the territory of the Republic of Turkey in our previous article, now we are going to discuss the legal solutions for those who has come across the similar situation.

In accordance with the provisions in Article 167 of Turkish Republic Constitution, in order to prevent the formation of monopolies and cartelization of the market, together with the the Law on Protection of Competition No. 4054, adopted in 1994, such a structure as the Antimonopoly Committee was established.

The main tasks of the Antimonopoly Committee in Turkey is to adopt restrictive competition agreements, identify the cases of unfair competition and apply the penalties, prevent authority abuse attemps on the part of judges and provide permits for the merger acquisitions. Individuals and companies who suffer damage due to actions of unfair competitors can submit a complaint to the Antimonopoly Committee and thereby initiate the investigation. Moreover the committee, regardless of available complaints is constantly analyzing the goods and services market, and if necessary, may start such an investigation on its own initiative. The Competition Committee's decision issued according the results of investigation may be contested by either the applicant or the defendant in the Administrative Court of Ankara.

During the stage of investigation both applicant company and respondent company personally join the oral hearing in the Competition Committee of Turkish Republic. In addition, the Antimonopoly Committee may study registration books and company reports provided by the parties. After the final judgment issued by the Competition Committee comes into force, it can be used as an evidence during trials when claiming compensation in the Commercial Court. On the basis of legal practice on the territory of Turkey, Commercial Court usually waits the decision of Competition Committee to come into force and then proceeds to the stage of the compensation calculations.

During all stages of the proceedings, the great support can be provided by the competent lawyer who will represent the interests of your company and identify the correct strategy. Our lawyers have extensive experience in legal protection of the interests of foreign companies in Turkey, we are ready to provide your company with free advise on these issues.