NEWSLETTER-2019-metin

114 NEWSLETTER 2019 law have started to arise in Turkey. However, the 12 Banks Decision has brought various problems with it in terms of these compensation cases. Firstly, the issue of which bank, in which market, and from which date it is in violation, is not clearly stated in the said Decision. In other words, although a broad infringement covering more than one market has been detected, it is not clearly included in the Decision as to which bank, in which market has experienced what kind of infringement. This has brought serious questions within, especially in terms of the consumer cases. Moreover, the concept of “one single continuing rec- onciliation” is one of the most discussed issues. Despite the evidence in the mentioned Decision that refers to different dates and different markets, holding all banks responsible for violations in all three mar- kets is one of the most important criticisms of the Decision. The 13th Chamber of the Council of State had put its signature under a radical development regarding the 12 Banks Decision with its recently rendered decision 2 (“Council of State Decision”). The Council of State accepted the revision of the Decision requests in the cases filed against the mentioned Decision. Thus, all known rules have been re-established in terms of compensation cases arising from the 12 Banks Decision and competition law. 12 Banks Decision of Council of State Firstly, an annulment suit was filed before the Ankara 2nd Ad- ministrative Court against the 12 Banks Decision of the Board, but the annulment request was rejected with the decision of the said court dated 30.10.2019 and numbered 2014/313 E. and 2015/128 K. Yet, the request of appeal made before the 13th Chamber of the Council of State was also rejected with the Decision of the said court dated 16.12.2015 and numbered 2015/3590 E., 2015/4614 K. Thereupon, the revision of the Decision has been requested regarding the 12 Banks Decision. 2 The Decision 13th Chamber of the Council of State, E. 2016/3587, K. 2019/1778, 21.05.2019.