Consumers Can File Lawsuits Against Chain Markets

Regarding the high prices in chain markets, which have been on the agenda for a long time in Turkey, Competition Authorityannounced the expected decision in the past few days. As a result of the investigation it initiated, the Competition Authority stated that the allegations of “simultaneous price increase” and “creation of a cartel” were true, and gave a total of 5 chain markets and 1 supplier. An administrative fine of 2.6 billion TL was imposed.

It was not too late to object to this fine. BİM, Şok, Migros and CarrefourSA are in court against the penalty given by the Competition Authority. they will object explained. While the agenda between the Competition Authority and chain markets seems to continue for a while, a statement was made today that concerns consumers about unfair competition.

Consumers can receive compensation if they can prove that they have suffered damage:

Hacettepe University Faculty of Law Dean prof. Dr. Rauf Karasuannounced that in case of detection of unfair competition, consumers can file a claim for damages against businesses in every sector. Karasu, for the opening of this case The decision of the Competition Authority is also not needed. stated.

Karasu, in his statement, said that the price that consumers, customers and tradesmen would pay for the goods they bought from chain stores, if competition were not limited or prices were not determined by agreement. that they can claim the difference between told. In addition, if the resulting damage is caused by the agreement or decision of the chain markets or cases of gross negligence, the judge’s financial loss suffered at the request of the injured or the profits obtained or likely to be obtained by those who caused the damage. may be awarded three times the amount of compensation. also added. He explained them with an example as follows:

I, as a customer, bought an item for 1000 liras. If competition was not limited or prices were not determined together, this product If I can prove that I can buy it for 500 liras The chain market that sells the goods will have to pay me 1500 lira. While my loss is 500 lira, I buy it for 1500 lira. Here, it is aimed to punish the companies that set prices by preventing competition as well as compensating the damage. Therefore, chain stores may have to pay compensation at the rate of three times the damage.

Lastly, Karasu discusses the actions of consumers for lawsuits against chain stores. shopping receipts and invoices He said they might need documentation. However, he said that in some of the decisions of the Court of Cassation, it was decided that the Competition Authority’s decision should be waited for the finalization of the Competition Authority’s decision in order for consumers to file a lawsuit, therefore, customers can file a lawsuit for compensation 60 days after the notification of the decision, against the chain stores that did not file a lawsuit against the Competition Authority’s decision.

Karasu thinks that it would be more appropriate to wait for the finalization of the relevant judicial decision before filing a lawsuit against companies that take the Competition Authority’s decision to the judiciary.