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ÖZH 515 - Private Law Liability Arising from Competition Infringements

Graduate Education Institute · Private Law · Master

ECTS: 7.5 T+P+L: 3+0+0 Departmental Elective
Coordinator: Dr. Öğr. Üyesi Burak DOĞAN

Course Objective

By analyzing the consequences of breach of the rules protecting competition in private law, which is one of the indispensable elements of free market, this course aims to inform students about basic rules for the protection of competition under the Act on Protection of Competition numbered 4054, the requests of natural and legal persons in private law who are individually damaged due to breach of these rules, in other words, civil liability resulting from breach of competition law in terms of theory and practice.

Course Content

In this course, concept of competition, rules protecting competition, agreements and concerted practices in competition law, dominant position and abuse of dominant position, mergers and acquisitions between undertakings, exemption and negative clearance, the consequences of breach of competition rules in private law, action for material and moral damages and its conditions (defect, damage, causal relationship), problems regarding evidence, limitation period and issues raising disputes and discrepancies in practice such as competent and incumbent authority will be covered.

Required Resources

ASLAN, İ:Yılmaz, Rekabet Hukuku Dersleri, Bursa, Ekin Publishing, 2017

Recommended Resources

GÜVEN, Pelin, Rekabet Hukuku - Ders Kitabı, Ankara, Yetkin, 2009

Course Learning Outcomes

  1. Learning the basic rules for the protection of competition in the Law no 4054 on the Protection of Competition
  2. The student who has taken this course will have the necessary knowledge and skills about which actions and actions will be deemed to be violated by the rules of competition, and the consequences of public law sanctions and especially in the field of private law.
  3. Students will be able to comprehend the economic and social considerations underlying the protection of competition

Core Area Distribution

(38) Law%100

Teaching Methods

ExpressionQuestion-AnswerDiscussion

Assessment & Evaluation

HomeworkTesting (Essay / Tests: True-Falls, multiple-choice, short answer, matching)

ECTS / Workload

ActivityQuantityDuration (h)Total Workload
Course Duration (Including Exam Week)16348
Out of Class Study Period000
Midterm122
Quiz000
Assignment000
Practice000
Final122

Course Schedule

WeekSubjectPreparation
1Unfair competition law clausesReading
2main principles of commercial lawReading
3competition bansReading
4The development of competition law in TurkeyReading
5Intellectual rights and unfair competitionReading
6Writing the petitionReading
7current case analyzesReading
8Midterm examMidterm exam
9Social media and competition lawReading
10international competition lawReading
11trademark and patent lawReading
12Horizontal agreementsReading
13Vertical agreementsReading
14ExemptionReading
15An overwievReading
16Final examFinal Exam