NEWSLETTER-2019-metin

116 NEWSLETTER 2019 and, consequently, the administrative fine, limitations, and compensa- tion cases. In other words, the Council of State has pointed to the dan- ger of unjust consequences arising from an error made on this issue. With this perception, the Council of State has analyzed the evi- dence in the 12 Banks Decision, and has grouped certain of the docu- ments and the markets (deposit, credit and credit card services) that the evidence belongs to. After revealing the markets of 28 documents that are referred to in the Decision, the Council of State determined that there is no proof of an existing link between the actions of the different enterprises. In other words, the Council of State found that it has not been proven that some enterprises with evidence regarding one or two markets were aware of a general framework and mutual plan covering the deposit, credit, credit card and public deposit services. This matter was seen as a proof standard problem, and it was so stated that the 12 Banks Decision was made based on an incomplete examination. Conclusion In the song titled “Rosenrot” of the German music band, Rammstein, the words say that “in order to find clear and clean water, one must dig deep wells” 3 . Indeed, the benefits to be realized in terms of Decisions, such as the 12 Banks Decision, which concern millions of consumers, depend on this clarity. It is important that all uncertainties to be eliminated by the competition authorities, in such a way so that they can be easily understood by the courts. In this case, even though this may present various challenges for the competition authorities in terms of the proof standard, the Decision, it is essential that it be clear and easy to understand, especially for private law enforcement. Even though the Board’s12 Banks Decision is an important and remarkable decision due to the amount of the administrative fine and its determinations, it has come under heavy criticism, especially due to the manner of using the concept “one single continuing breach,” and the uncertainties caused by this usage. It is possible that the uncertain- ties that this decision creates has delayed the results of the compensa- tion cases that have been filed, and which are based on this Decision. 3 “Tiefe Brunnen muss man graben, wenn man klares wasser will.”