The Ankara Regional Administrative Court 8th Administrative Chamber rules for the stay of execution of the Turkish Competition Authority’s cartel decision on account of failure of standard of proof (AKKIM)

A Critical Approach to Standard of Proof Adopted by the TCA* The Ankara Regional Administrative Court 8th Administrative Chamber (“Regional Court“) [1] recently ruled for the stay of execution of the Turkish Competition Authority’s (“TCA“) cartel decision [2] which has imposed on two undertakings active in the chemicals market an administrative monetary fine for violation of the Article 4 of the Law No. 4054 on the Protection of Competition (“Competition Law“). This decision is of significance as it reveals the attitude of the Regional Administrative Courts toward the standard of proof adopted by the TCA. Indeed, as will be explained in detail below, when the Regional Court closely analyzed the case at hand, it ruled that

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Bahadır Balkı, Mustafa Ayna, Özlem Başıböyük Coşkun, The Ankara Regional Administrative Court 8th Administrative Chamber rules for the stay of execution of the Turkish Competition Authority’s cartel decision on account of failure of standard of proof (AKKIM), 16 February 2022, e-Competitions Burden of proof, Art. N° 108847

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