NEWSLETTER-2017

Evaluation of Decisions of the 11th Civil Chamber of the Court of Cassation with regard to the Commencement Date of the Statute of Limitations for Claims arising from Anti-competitive Conduct* Assoc. Prof. H. Murat Develioglu Introduction Recently, the 11th Civil Chamber of the Court of Cassation has adopted a different view from its longstanding approach with regard to claims against infringers of the Law on the Protection of Competition, based on provisions regulating torts in the Turkish Code of Obliga- tions, wherein the commencement of the statute of limitations has been defined differently. These new decisions are analyzed hereinafter. Decisions of the 11th Civil Chamber of the Court of Cassation While determining the expiry of the statute of limitations of compensation claims resulting from anticompetitive conduct, the 11th Civil Chamber of the Court of Cassation considers the date of applica- tion to the Competition Authority after having learnt of the infringe- ment giving rise to compensation. Indeed, the decision of the 11th Civil Chamber of the Court of Cassation dated 30.03.2015 and numbered 13296/4424 is as follows: “The matter in dispute, and Article 2 of the Misdemeanors Law dated 30.3.2005 and numbered 5326, which entered into force before the motion date, signify that the acts punishable by administrative sanctions are qualified as crimes that are “misde- meanors” in nature. Article 16 of Misdemeanors Law numbered * Article of February 2017