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Civil law claims on the enforcement of competition rules : a comparative study of US, EU and Turkish laws

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2006
Bülbül, Aslı
Private enforcement, which primarily represents individuals’ right to claim damage arisen from violations of competition law, supplements public enforcement and ensures indemnification of individual loss. However, private enforcement of competition law has fallen behind public law enforcement in laws presented in this study, other than those enforced in the USA. Realizing this fact, European Commission, has recently focused on the enhancement and facilitation of private enforcement in the Community competition law. The lagging behind of private enforcement mainly sources from the cultural and traditional differences in the understanding of liability law between Anglo Saxon Law and Continental Law. Anglo Saxon law tradition is inclined to leave the matter to individual action, whereas Continental Law is in more favor of strengthening regulatory mechanisms. More specific obstacles to the improvement of private enforcement are, yet not exhaustively, indefiniteness of legal basis of claims, involvement of complex economic analysis while stating the case, courts’ lack of technical knowledge, indefinite relationship between judiciary and competition authorities, problems in proving damage and causality, absence of facilitating procedural mechanisms such as class actions, treble damage and discovery rights. In the Community law context it is also highly probable to encounter peculiar problems arisen from co-existence of different national laws. Additionally, implementation of the Community competition law by national authorities may also lead to the weakening of the Single Market objective. Through this study, we will present probable solutions by depicting all these problems.