Juridical check of administrative porceduve by reason of compctition autihority's Concerted Action

Competition increases the amounts and types of products in markets and extends welfare by decreasing prices and increasing quality. It also provides advantages to consumers. Concerted action, an action against competition behavior, makes it possible for enterprises to control prices, and it is directly breaking competition rules. Because it is difficult to prove a concerted action, proving circumstantial evidence, a disadvantage for enterprises, was added to the Act of Protecting Competition.The competition council can decide on a fine after an investigation on a concerted action. During the decision making process, the competition council has to obey the detailed administrative rules mentioned in the act. Although it is not clearly written in the act, the council should consider both the rules of administrive and criminal law, since the council has authority to fine on a suspected concerted action. It is obligatory for the council as an independent administrive authority to make decisions consistent with the basic human rights. This point of decisions must be evaluated in detail during judicial check.In summary, to base its decisions to the priority of law and basic human rights, and freedom the council of competition must pursue the following rules:The interpretations of the Supreme Court, Council of State and The Court of Justice of Europen Commuities (CJEC) must be followed, and they need to be carefully applied to certain cases. in the judicial check of the Council decisions, academicians specialized in competition law at lawschools and departments of economics must be utilzed as subject matter experts.Key Words: Concerted action, Competiton Law, Independent Adminstrative Authority, Compettion Authority, Adminstrative Procedure.