Comparative Guides

Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.

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4. Results: Answers
Merger Control
Can the parties appeal the authority’s decision? If so, which decisions of the authority can be appealed (eg, all decisions or just the final decision) and what sort of appeal will the reviewing court or tribunal conduct (eg, will it be limited to errors of law or will it conduct a full review of all facts and evidence)?

Answer ... Under Law 6352, administrative sanction decisions of the Competition Board can be submitted to the administrative courts in Ankara for judicial review by filing an appeal within 60 calendar days of receipt of the Competition Board’s reasoned decision.

Under Article 27 of the Administrative Procedural Law, filing an administrative action for judicial review does not automatically stay execution of the decision. However, upon request by the plaintiff, the court may stay execution of the decision if this is likely to cause serious and irreparable damage and if the decision is highly likely to be against the law (ie, the showing of a prima facie case).

The judicial review period before the administrative court usually takes about eight to 12 months. After exhausting the litigation process before the administrative courts of Ankara, the final step in judicial review is to appeal the administrative court’s decision before the regional courts within 30 calendar days of official service of the reasoned decision of the administrative court.

Since 20 July 2016, administrative litigation cases have been subject to judicial review before the newly established regional courts (appellate courts), which has created a three-level appellate court system consisting of administrative courts, regional courts (appellate courts) and the High State Court.

The regional courts will examine the case file on both procedural and substantive grounds, investigate the case file and make their decision considering the merits of the case. Their decisions are considered final. However, in exceptional circumstances laid down in Article 46 of the Administrative Procedure Law, a decision of the regional court may be subject to review by the High State Court and therefore will not be considered final. In such case the High State Court may decide to uphold or reverse the regional court’s decision. If the decision is reversed, it will be remanded to the regional court, which in turn will issue a new decision to take account of the High State Court’s decision.

Decisions of courts in private suits may be appealed to the Supreme Court of Appeals. The appeal process in private suits is governed by the general procedural laws and usually lasts 24 to 30 months.

For more information about this answer please contact: Gönenç Gürkaynak from ELIG Gürkaynak Attorneys-at-Law
Can third parties appeal the authority’s decision, and if so, in what circumstances?

Answer ... Third parties can challenge Competition Board decisions before the competent administrative courts if they can prove a legitimate interest.

For more information about this answer please contact: Gönenç Gürkaynak from ELIG Gürkaynak Attorneys-at-Law