Türk-Alman Üniversitesi Hukuk Fakültesi Dergisi

Yazarlar: Koray DEMİR

Konular:Hukuk

Anahtar Kelimeler:Violation of Competition Law,Civil Courts,Court Fees,Legal Aid,Assignment of Claims,Burdof Proof,Limitation of Actions,Intervention,Damage,Negligence,Causal Link,U.S.A.,European Union,Switzerland and Germany

Özet: There may be various barriers against private antitrust enforcement like court fees, burden of proof, limitation of actions, missing expertise of the courts, missing legitimate interests, controversial interests of private and public antitrust enforcement and basic principles of tort law. In order to eliminate these barriers, the relevant section of the Competition Law might be amended in consideration of foreign examples. However, in this work we would like to submit the following proposal of which we hope that it would solve also the problems of the Competition Law appearing elsewhere: establishment of an advanced competition court, a competition authority acting tied to that court, victims of antitrust injury as intervening party launching out their claims in the procedures which are represented by the competition authority.

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