| School/Faculty/Institute | Graduate School | ||||
| Course Code | HUK 551 | ||||
| Course Title in English | Procedural Aspects And Right to a Fair Trial in Competition Law | ||||
| Course Title in Turkish | Rekabet Hukukunda Usul ve Adil Yargılanma Hakkı | ||||
| Language of Instruction | TR | ||||
| Type of Course | Flipped Classroom,Lecture | ||||
| Level of Course | Advanced | ||||
| Semester | Spring | ||||
| Contact Hours per Week |
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| Estimated Student Workload | 138 hours per semester | ||||
| Number of Credits | 6 ECTS | ||||
| Grading Mode | Standard Letter Grade | ||||
| Pre-requisites | None | ||||
| Expected Prior Knowledge | Basic knowledge of Constitutional Law, Administrative Law and Competition Law. | ||||
| Co-requisites | None | ||||
| Registration Restrictions | Graduate Students Only | ||||
| Overall Educational Objective | Developing competences in the field of Competition Law | ||||
| Course Description | It is aimed to address the procedural and fair trial issues that students who intend to work in the field of Competition Law, which has been very popular recently, will need a lot in practice, primarily from a theoretical perspective and to develop students' competencies in the field of Competition Law by focusing in detail on examples from practice. The intersection of Competition Law with Administrative Law, Constitutional Law and the right to a fair trial will be discussed. | ||||
| Course Description in Turkish | Son zamanlarda oldukça popüler olan Rekabet Hukuku alanında çalışmayı düşünen öğrencilerin uygulamada çokça ihtiyaç duyacakları usul ve adil yargılanma meseleleri öncelikle teorik perspektifle ele almak ve uygulamadan örnekler üzerinde detaylı olarak durularak öğrencilerin Rekabet Hukuku alanındaki yetkinliklerinin geliştirilmesi hedeflenmektedir. Rekabet Hukukunun İdare Hukuku, Anayasa Hukuku ve adil yargılanma hakkıyla kesiştiği konular ele alınacaktır. |
Course Learning Outcomes and CompetencesUpon successful completion of the course, the learner is expected to be able to:1) Understands the basic procedural issues in disputes arising in the field of Competition Law. 2) Evaluate the violations of fair trial and other fundamental rights that may arise in Competition Law disputes. 3) Analyse the relationship between Competition Law and Constitutional and Administrative Law. |
| Program Learning Outcomes/Course Learning Outcomes | 1 | 2 | 3 |
|---|---|---|---|
| 1) An advanced and integrated understanding of the complex body of knowledge in the field of private law in general. | |||
| 2) An advanced and integrated understanding of the complex body of knowledge in the field of private law specifically on the rules and principles governing contractual dealings, equitable doctrines, civil wrongs and private law remedies. | |||
| 3) An advanced and integrated understanding of the complex body of knowledge in the field of private law specifically on current debates on the nature, basis and potential reform of private law doctrines | |||
| 4) Expert, specialised cognitive and technical skills to independently analyse, critically reflect on and synthesise complex information, concepts and theories in the field of private law. | |||
| 5) Expert, specialised cognitive and technical skills to independently research and apply such information, concepts and theories to the relevant body of knowledge and practice. | |||
| 6) Expert, specialised cognitive and technical to independently interpret and transmit knowledge, skills and ideas to specialist and non-specialist audiences. | |||
| 7) Knowledge and skills to demonstrate autonomy, expert judgment, adaptability and responsibility as a practitioner and learner in the field of private law. |
| N None | S Supportive | H Highly Related |
| Program Outcomes and Competences | Level | Assessed by | |
| 1) | An advanced and integrated understanding of the complex body of knowledge in the field of private law in general. | N | |
| 2) | An advanced and integrated understanding of the complex body of knowledge in the field of private law specifically on the rules and principles governing contractual dealings, equitable doctrines, civil wrongs and private law remedies. | N | |
| 3) | An advanced and integrated understanding of the complex body of knowledge in the field of private law specifically on current debates on the nature, basis and potential reform of private law doctrines | N | |
| 4) | Expert, specialised cognitive and technical skills to independently analyse, critically reflect on and synthesise complex information, concepts and theories in the field of private law. | N | |
| 5) | Expert, specialised cognitive and technical skills to independently research and apply such information, concepts and theories to the relevant body of knowledge and practice. | N | |
| 6) | Expert, specialised cognitive and technical to independently interpret and transmit knowledge, skills and ideas to specialist and non-specialist audiences. | N | |
| 7) | Knowledge and skills to demonstrate autonomy, expert judgment, adaptability and responsibility as a practitioner and learner in the field of private law. | N |
| Prepared by and Date | , February 2024 |
| Course Coordinator | AKTS1 |
| Semester | Spring |
| Name of Instructor | Asst. Prof. Dr. SERTAÇ SERTER |
| Week | Subject |
| 1) | General introduction on why such a course is needed / ECHR & domestic law relationship / The fact that the Competition Board is bound by ECHR & ECtHR case law |
| 2) | ECtHR / CJEU relationship / The Vlaamse Balies judgement of the CJEU and its reflection on Turkish law |
| 3) | The importance of the correct application of the ECHR & ECtHR case law / Examples of bad practices based on the decision of the Ankara 9th Administrative Court on EKC Logistics |
| 4) | Differences between regulatory fines and misdemeanour fines / The Council of State and the Competition Board's acceptance of administrative fines imposed as a result of on-site inspections as misdemeanour fines rather than regulatory fines and the consequences of this |
| 5) | ECtHR's view on de facto presumptions / Examples of de facto presumptions that reverse the burden of proof applied by the Competition Board and are very difficult or impossible to prove (in particular, the presumption of the natural course of life and the deletion of WhatsApp/e-mail correspondence during on-site examinations as prevention/difficulty of on-site examination regardless of the content) |
| 6) | ECtHR's view on de facto presumptions / Examples of de facto presumptions that reverse the burden of proof applied by the Competition Board and are very difficult or impossible to prove (in particular, the presumption of the natural course of life and the deletion of WhatsApp/e-mail correspondence during on-site examinations as prevention/difficulty of on-site examination regardless of the content) (CONTINUED) |
| 7) | The Competition Board's approach of "evaluating the evidence as a whole" and its approach to reasoned decision-making, presumption of innocence |
| 8) | The Competition Board's approach of "evaluating the evidence as a whole" and the view of this approach against basic fair trial elements such as reasoned decision-making and presumption of innocence (CONTINUED) |
| 9) | Equality of arms, the right to adversarial proceedings and the right to defence in the face of issues such as the Competition Board's briefing practice, the Competition Board's decision against the Competition Board on issues that the rapporteurs deem favourable |
| 10) | Keeping oral defence periods short / Hearing Officer institution in the European Union |
| 11) | Violation in the final decision on a matter that was not informed during the preliminary investigation/investigation process and its relation with the substitution of reason in Administrative Law |
| 12) | The importance of authority in Administrative Law / Participation of assistant experts in on-site examinations within the scope of the element of authority and the Competition Board's appointment of the Presidency for the selection of rapporteurs in violation of Law No. 4054 |
| 13) | The institution of omission in Administrative Law / The Competition Board's omission of regulations issued by other legal entities and examples from practice |
| 14) | A summary of the period based on the Competition Board's approach that "If there is a violation of fair trial, the courts will handle it" |
| 15) | End of Term Evaluation |
| 16) | End of Term Evaluation |
| Required/Recommended Readings | Turkish and English resources will be sent to the students after the first week to read before the following lesson. | ||||||||||||
| Teaching Methods | Lecture, discussion, analyses of sample decisions and petitions | ||||||||||||
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| Course Administration |
Derse haftalık okumaların yapılarak gelinmesi beklenilmektedir. Ödevler hazırlanırken akademik yazım kurallarına dikkat edilmesi gerekmektedir. Derste kayıt almak yasaktır. Etik kurallara aykırılık ve intihale müsamaha gösterilmez ve bu durumların tespiti halinde öğrenci dersten başarısız olur. Ayrıca durum Enstitü’ye bildirilir. Kopya çekmek veya çektirmek ve intihal yapmak 2547 Sayılı Yüksek Öğretim Kanunu’nun 54. Maddesi’ne tabi olacaktır. |
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| Activity | No/Weeks | Hours | Calculation | ||||
| No/Weeks per Semester | Preparing for the Activity | Spent in the Activity Itself | Completing the Activity Requirements | ||||
| Course Hours | 14 | 2 | 2 | 2 | 84 | ||
| Presentations / Seminar | 1 | 10 | 2 | 2 | 14 | ||
| Homework Assignments | 1 | 40 | 40 | ||||
| Total Workload | 138 | ||||||
| Total Workload/25 | 5.5 | ||||||
| ECTS | 6 | ||||||