Rekabet Hukukunda Kartel Zararı Tahmini ve Tahmin Yöntemleri: Türkiye Bankacılık Sektöründe Tüketici Kredilerine İlişkin Kartel Zararı Analizi

Abstract

This study has two main aims. The first of these is to contribute to studies on damage estimation which have so far been limited due to several reasons in Turkey but are expected to increase alongside the individual compensation lawsuits in relation to competition infringements, particularly in terms of method selection for damage estimation by laying out the issues that need to be taken into account in cartel damage estimation in competition law and the methodological stages that need to be pursued. With this aim, in the light of the discussions and assesments in the literature, the concept of cartel damage and comparative analyses taking into consideration the superiority and limitations of the methods that find use in the estimation of cartel damages have been included. The second aim of the study is to measure the impact of the competition infringement that was established by the Competition Board in Turkey in the banking sector in 2013 on consumer loans (vehicle, housing, personal finance loan), in other words, to measure the cartel damage regarding consumer loans. To that end, an econometric model was specified and the damage estimation study was conducted by using the “before and after method” which is one of the estimation methods. The availability of data that enable the detection of the start and end dates of the cartel, the fact that there has been no structural break in the market with respect to the cartel period and competitive period and the conduciveness of the data set based on time series to the use of the method have been decisive in the choice of this method. The results of the study reveal that compared to the competitive period, the prices in the cartel period have been higher; 5.07% to 5.85% in vehicle credit interest rates, 11.03% to 12% in housing credit interest rates and 9.16% to 11.78% in consumer credit interest rates.