Compensation is not limited with
the damage amount, according to
the Turkish competition rules
In Civil Law and Common Law System, the fundamental of the compensation are separated from each other. In Civil Law System, the punishment of person or persons who cause harm and the prevention of similar behaviour are the adopted remark in determining the compensation of competition law. Meanwhile in Common Law, the logic of compensation for damage, adopted comment in the determination of compensation.
However, the compensation for the Turkish law, when the damage is indemnified, the injured party should not cause unjust enrichment. In other words, the main objective of compensation is not punishment of the person’s causing loss, but compensation for the loss.
According to the Turkish Compensation. Law No 4054 of December 12, 1994, on the Protection of Competition Article 57, covenants not to compete, concerted action, association of undertaking’s decision, The Article regulates that they are obliged to compensate for damages caused by those who come to dominate in a market and cause the restriction of competition by abusing the dominant position.
