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Competition Authority uses particular powers that ordinary courts do
not possess, such as inspections and investigations. The civil law courts
are not permitted to conduct their own investigation, and are bound by
evidence presented by the parties. In the case of abuse of dominant
position, its assessment may require a complicated economic analysis
and modeling: Again, ordinary courts do not have such ability.
Limitation Periods
Clear rules for limitation periods are regulated under the Directive
to provide adequate time within which to bring an action. Pursuant to
Article 10 of the Directive, Member States shall enact rules that are
applicable to the limitation periods. These rules shall establish these
commencement periods, the duration of the periods, and when these
periods are interrupted or suspended. Limitation periods shall not
begin to run before the infringed party has knowledge of the infringe-
ment. These periods shall be at least five years. The limitation periods
shall be suspended or interrupted in cases where a competition author-
ity investigates or commences proceedings with regard to an infringe-
ment for which the action for damages is related. The suspension peri-
od shall end, at the earliest, one year after finalization of the infringe-
ment decision, or upon termination of the proceedings. Through this
provision, the injured party can choose to wait until the public pro-
ceeding is terminated before bringing the claim.
The regime provided by the Directive differs substantially from
Turkish law. The Act on the Protection of the Competition Law (the
“Act”) does not contain any rules with respect to limitation periods.
Therefore, the provisions of the Turkish Code of Obligations (the
“TCO”) apply. Pursuant to Article 72 of the TCO, the claim for dam-
ages becomes time-barred, two years from the date upon which the
injured party became aware of the loss or damage and of the identity
of the liable person, but, in any event, ten years after the date upon
which the loss or damage was caused. However, if the action for dam-
ages is derived from an offence for which criminal law envisages a
longer limitation period, that longer period also applies to the civil law
claim.
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