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Also contemplating that a Competition Board decision is a prerequisite for any civil regulation claim beneath Turkish case law, in cases of competitors litigation, courts cannot require claimants to supply safety. Another necessary element that claimants should show in civil litigation is the causation between the tortious act and the injury suffered. Although this is also the case for the personal enforcement of competition regulation, the competition law offers a legal presumption, which reverses the burden of proof in favour of claimants in certain occasions. In addition, claimants, as a common rule, should additionally prove that they suffered damages due to the tortious act and the precise harm they suffered. If the claimant can’t set up the exact amount, courts can estimate the harm offered the claimant submits enough evidence for a reasonable estimation.
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Seek enforcement of the attachment from the authorised enforcement office inside 10 days of the court’s precautionary attachment choice. Turkish legislation defines interim reduction as temporary authorized safety, with interim injunctions and precautionary attachments being probably the most significant and efficient strategies in Turkey. In general, nevertheless, momentary legal safety is primarily regulated underneath the Civil Procedure Law and the Enforcement and Bankruptcy Law. Turkey adopted a number of legislative adjustments relating to the rules of pure justice as part of the EU accession course of. Significant constitutional modifications in 2001 improved Turkey’s rules of pure justice, according to EU laws.
