NEWSLETTER-2020-metin

160 NEWSLETTER 2020 Addressing the Finalization of the Competition Board Decisions as Preliminary Issue in Compensation Lawsuits* Att. Can Yıldız Introduction Article 57 andArticle 58 of Law on the Protection of Competition numbered 4054 (“Law”) permits those who suffered from competition violations to demand compensation for damages in civil courts. In this context, the judge may rule upon compensation that is three times the material damage incurred, or the profit gained, or was likely to be gained by those who caused the damage. In compensation lawsuits filed on the basis of the Law, as gener- ally accepted, the liability of unfair acts is taken into consideration. Accordingly, proof of the wrongful act, the damage, the causal link, and the fault, pursuant to Article 49 of Turkish Code of Obligations numbered 6098, is sought. Henceforth, the approach of the trial court to the “wrongful act” element is of importance. In most of the cases, 1 the Competition Board’s (“Board”) decisions are awaited for the determination of the wrongful act element; in other words, there is an inclination towards considering the final Board decision as a pre- liminary issue within the context of 2 Article 165 of Law on the Civil * Article of February, 2020 1 Example: Decision of the 11th Chamber of the Court of Cassation dated 08.03.2016 and numbered 2015/5134 E. and 2016/2543 K.; Decision of the 19th Chamber of the Court of Cassation dated 29.11.2002 and numbered 2005/3755 E. and 2006/7408 K.; Decision of the 19th Chamber of the Court of Cassation dated 29.11.2007 and numbered 2007/3229 E. and 2007/10677 K.; Decision of the 11th Chamber of the Court of Cassation dated 05.10.2009 and numbered 2008/5575 E. and 2009/10045 K. 2 Pursuant to Article 165/1 of the Turkish Code of Civil Procedure, “If the judg- ment in a case is partially or completely dependent upon the judgment in another case, to the determination of the administrative authority or to the legal relation- ship concerning the subject matter of the case, then the proceedings may be held