Can I pursue private damages in Turkey for a suspected price-fixing cartel, and what evidence is required?

This issue is very common within Turkey. There are several routes that can be taken but it depends on the status of the parties involved. please see my answers below: 1- if both parties are companies (legal entity) then this will be subject to civil court procedure. The prerequisite for this type of claims is that the injured party must apply for mediation. If parties do not reach a settlement, since this will be a commercial dispute it will be subject to the Commercial courts area. 2- if one of the parties is a real person in that case, they have the right to apply for Consumer Law, the mediation prerequisite is applicable here again. If the parties do not reach a settlement then again they will apply to Consumer Court. 3- If a person or a legal entity is damaged because of the unfair pricing that damages the market value of a product or service in that case and they suffered damage themselves, then they can apply to Turkish Competition Organization with a complaint. BUT according to Turkish Commercial Code, Turkish Civil Procedure Code AND Protection of Competition Court, the damages both material and punitive must be claimed from the Commercial Court. (application to mediation rule is applicable here as well) It should be noted that these are general rules, HOWEVER, the legal principles may vary according to the contracts between the parties, parties' legal status and any other agreements, invoices, or relevant documents that were between the parties. Please contact me for further consultation.

This issue is very common within Turkey. There are several routes that can be taken but it depends on the status of the parties involved. please see my answers below:

1- if both parties are companies (legal entity) then this will be subject to civil court procedure. The prerequisite for this type of claims is that the injured party must apply for mediation. If parties do not reach a settlement, since this will be a commercial dispute it will be subject to the Commercial courts area. 

2- if one of the parties is a real person in that case, they have the right to apply for Consumer Law, the mediation prerequisite is applicable here again. If the parties do not reach a settlement then again they will apply to Consumer Court.

3- If a person or a legal entity is damaged because of the unfair pricing that damages the market value of a product or service in that case and they suffered damage themselves, then they can apply to Turkish Competition Organization with a complaint. BUT according to Turkish Commercial Code, Turkish Civil Procedure Code AND Protection of Competition Court, the damages both material and punitive must be claimed from the Commercial Court. (application to mediation rule is applicable here as well)

It should be noted that these are general rules, HOWEVER, the legal principles may vary according to the contracts between the parties, parties' legal status and any other agreements, invoices, or relevant documents that were between the parties. 

Please contact me for further consultation. 

Under Law No. 4054 on the Protection of Competition, Articles 57, 58 and 59 specifically regulate the right to claim damages arising from competition-restricting conduct.

Article 57 (Tort Liability):
Any undertaking that prevents, distorts or restricts competition through conduct, decisions, agreements or abuse of dominance is liable to compensate all damages suffered by those harmed. If the damage results from conduct by multiple undertakings, they are jointly and severally liable.

Article 58 (Compensable Damage):
A party harmed by a restriction of competition may claim as damages the difference between the price actually paid and the price that would have been paid in a competitive market. Competitors affected by the restriction may claim their full losses, including lost profits, calculated with reference to past financials.
If the infringement results from an agreement/decision or from intent or gross negligence, courts may award treble damages—three times the material loss or the profit gained/likely to be gained by the infringing party.

Article 59 (Burden of Proof):
If the claimant shows indicators suggesting a cartel or coordination (e.g., market sharing, unusual price stability, or parallel price increases), the burden shifts to the defendants to prove that they did not act in concert.
Anti-competitive agreements and concerted practices may be proven with all types of evidence.

Practical implication:
Based on these provisions, a private damages action may be filed directly before the civil courts without first filing a complaint to the Turkish Competition Authority (TCA). Nevertheless, a TCA investigation or decision can strengthen the case.

At this stage, it is important to assess whether there is sufficient factual basis (market data, price patterns, supplier communications, etc.) to indicate a potential price-fixing arrangement. Before commencing litigation, it may also be considered to approach the suppliers, noting that if the matter is not resolved, a complaint may be filed with the Competition Board in parallel with civil remedies.

Given the complexity of cartel-related damages actions and the cost/benefit assessment required, the matter should be further evaluated in detail, including the extent of actual losses and the evidentiary value of the available information.

The implementation of an agreement, decision or concerted practice that has the effect or is likely to have effect of restriction competition , -Abuse of a dominant poistion İf such situations exist or if there is a violation of competition and damage you can file a compensation claim in a civil court, to avoid missing the limitation period, both a complaint to the competition authority and damage claim may be filed simultaneously, the damages court will make the competition authority's decision and appeal against that decision a matter of suspension.