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The Ankara Regional Administrative Court annuls the lower Court’s decision due to the claimant’s lack of capacity to sue in a case alleging resale price maintenance in the market for cereals and legumes (Duru Bulgur)

Capacity to Sue of Consumers Whose Interests Are Affected Was Held Under the Microscope of the Administrative Courts in Turkey* The issue of the “appropriate claimant” or the capacity to sue always comes into question at the stage of the judicial review of the decisions of the competition authorities. It is not as easy as it may seem from the first glance, and the case law of the Administrative courts in Turkey is a proof thereof. In December 2019, Ankara Regional Administrative Court (“Appeal Court”) published its decision [1] reversing the Ankara 13. Administrative Court’s (“Court”) annulment decision [2] due to the claimant’s lack of capacity to sue, in which the Turkish Competition Authority’s (“TCA”) Duru Bulgur Decision [3] was evaluated. In its decision, the Appeal Court stated that the

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Ayberk Kurt, Alper Karafil, The Ankara Regional Administrative Court annuls the lower Court’s decision due to the claimant’s lack of capacity to sue in a case alleging resale price maintenance in the market for cereals and legumes (Duru Bulgur), 11 December 2019, e-Competitions Preview, Art. N° 93860

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