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The legal justification of the Draft Act states that general provi-
sions of the Code of Obligations shall apply in order to re-establish
competition.
Conclusion
Draft Act includes not only regulations of EU competition law, but
also novelties brought by secondary legislation. Nevertheless, attention
shall be drawn to the below stated points:
• Although the legal justification of the articles is extremely
important since it permits a just interpretation of the articles,
deficiencies in the legal justification exist for articles such as
the removal of the negative clearance.
• There are still differences between the EU and Turkish compe-
tition laws. For instance, the annual gross revenue to be taken
into account for the determination of the fine is different in both
systems. These differences should be eliminated.
• Board is granted the power to take “structural remedies” and
thus the Draft Act determines how competition will be re-estab-
lished in case of violation of competition.
• Board powers should not be expanded unlimitedly. Thus, the
Board should not be entitled to decide on “structural remedies”,
or such power should be limited.
Coherence should be ensured between the terms of both the
Competition Act and secondary legislation.
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