The Application of General Principles of Law in a Competition Law Setting: A Glance at Contemporary Turkish Practice

Journal of European Competition Law & Practice, 2019, lpz042, DOI:10.1093/jeclap/lpz042

11 Pages Posted: 11 Nov 2019

See all articles by Gonenc Gurkaynak

Gonenc Gurkaynak

ELIG Gürkaynak Attorneys-at-Law

Çağlagül Koz

Dentons - Munich

Naz Topaloğlu

Barcelona Graduate School of Economics (Barcelona GSE), Students; ELIG Gürkaynak Attorneys-At-Law

Date Written: October 1, 2019

Abstract

General principles of law have been a matter of substantial legal discussion especially with regards to applicability and function as a source of law in different fields of law. The Turkish Competition Board recognises general principles of law as a source of competition law in its investigations and in various other matters that come before it. In this article, we will particularly focus on ne bis in idem and attorney client privilege and use these two principles as starting points for extrapolating to what extent general principles of law are applied as a source under Turkish competition law regime.

Keywords: general principles of law, competition law, antitrust, ne bis in idem, sources of law, attorney-client privilege

JEL Classification: K10, K21, K40

Suggested Citation

Gurkaynak, Gonenc and Koz, Çağlagül and Topaloğlu, Naz, The Application of General Principles of Law in a Competition Law Setting: A Glance at Contemporary Turkish Practice (October 1, 2019). Journal of European Competition Law & Practice, 2019, lpz042, DOI:10.1093/jeclap/lpz042 , Available at SSRN: https://ssrn.com/abstract=3464265

Gonenc Gurkaynak (Contact Author)

ELIG Gürkaynak Attorneys-at-Law ( email )

Çitlenbik Sokak No:12
Yıldız Mahallesi
Istanbul, Beşiktaş 34349
Turkey

Çağlagül Koz

Dentons - Munich

Jungfernturmstraße 2
Munich, 80333
Germany

Naz Topaloğlu

Barcelona Graduate School of Economics (Barcelona GSE), Students ( email )

Ramon Trias Fargas, 25-27
Barcelona
Spain

ELIG Gürkaynak Attorneys-At-Law ( email )

Yıldız Mah. Çitlenbik Sk. No:12
İstanbul, 34349
Turkey

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