TURKEY Law and Practice Contributed by: Gökşin Kekevi, Yıldız Akınsal and Öykü İncekara, Özay Law Firm
10. Other Remedies 10.1 Injunctions
able. However, Turkish competition law provides an exception to this principle, whereby persons who suf - fer harm as a result of a competition law infringement may claim compensation of three times their actual damages or three times the profits gained, or likely to be gained, by the infringers (the “triple damages rule”). This mechanism constitutes a special rule intended to enhance deterrence. There is no explicit provision regarding the “passing- on” defence under Turkish competition law, but there is no legal impediment to raising such a defence in judicial proceedings. In damages actions arising from competition law infringements, the claimant may also seek interest accruing from the date of the infringement. Accord - ingly, the claimant must expressly request the award of interest. Under Turkish competition law, where damage is caused by the conduct of multiple persons, those per - sons are jointly and severally liable for the damage. Accordingly, the claimant may bring an action against all jointly and severally liable parties, or against any one of them, and is entitled to recover the full amount of its damages from one, several or all of the liable parties. Under Turkish competition law, no exception is grant - ed to undertakings applying for leniency in order to protect them from civil damages claims. 9.2 Contribution As stated in 9.1 Joint and Several Liability , where multiple parties participate in a competition law infringement, any one of them may be held solely lia - ble for the entire amount of the resulting damages. In such a case, a defendant who has paid the claimant more than its own share is legally subrogated to the rights of the injured party to the extent of the excess amount paid. Consequently, that party is entitled to bring a recourse claim against the other liable parties. 9. Liability and Contribution 9.1 Joint and Several Liability
In damages actions, it is possible to apply for an interim injunction in order to prevent prejudice to the applicant’s rights during the proceedings. An interim injunction may be requested before or during the proceedings where the enforcement of a right would become significantly more difficult or impossible, or where a delay would result in serious or irreparable harm. The applicant is not required to establish its claim conclusively; rather, it is sufficient to present prima facie evidence demonstrating the merits of the claim to the extent that it creates a sufficient level of conviction in the judge’s mind. Where an interim injunction is granted before an action is commenced, the claimant must file the action within two weeks from the date on which enforcement of the injunction is requested. In urgent cases where delay would create a risk, the court may also grant an interim injunction without hearing the other party. In such a case, the other party may object to the decision within one week from the enforcement of the injunction granted in its absence or from the date of its notification. The court requires the applicant to provide security against any loss that the opposing party or third par - ties may suffer if the applicant is ultimately unsuc - cessful on the merits. The amount of the security is determined by the court on a case-by-case basis. 10.2 Alternative Dispute Resolution The parties may resolve their dispute through volun - tary mediation as an alternative dispute resolution mechanism. They may also refer the dispute to arbitra - tion, provided that the contract contains an arbitration clause or the parties subsequently agree to submit the dispute to arbitration. Recourse to these alternative dispute resolution mechanisms is not mandatory. This should not, however, be confused with the man - datory mediation requirement (as a condition prec - edent to litigation) applicable to certain commercial disputes under Turkish law.
206 A NTITRUST LI T IGATI O N 2026
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