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Guidelines

For inspection by Turkish Competition Authority

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What documents must the officials present?

Turkish Competition Authority
 

  • In Turkish Competition Law practice, a court decision normally is not required for on-site inspections. Recent Turkish Constitutional Court decisions may raise domicile immunity violations without a judge's on-site inspection decision. Still, we recommend cooperation with the Competition Authority, as established practice. Hence, upon arrival, officials need to present their Competition Authority official ID card and an authorization certificate issued by the Competition Authority. Read the authorization certificate carefully and check the following points: 
    • Is our company the addressee? 
    • Which accusations are raised against our company (subject-matter and the aim of the inspection)? 
    • Where may the officials search? 

Where and how may the officials search?

Turkish Competition Authority
 

  • The officials are entitled to search the entire company including all properties, such as offices, notebooks, agendas, computers, information systems as portable devices and storage tools as CD, DVD, USB, external hard disk, backup records, cloud services within the scope of the inspection. However, it should be noted that portable communication devices (cellphone, tablet PC etc.) that are determined to be entirely for personal use are not subject to examination. 
  • You are obliged to actively co-operate the inspection. In the event that the inspection is prevented or likely to be prevented, the officials may conduct the inspection with the decision of the criminal judge of peace and impose a fine on the company as well. Also, if you refuse officials to search particular items during the inspection, the officials may use direct force (e.g., in order to open a cupboard) and issue a fine. Therefore, co-operation is a must. Although a violation of immunity of domicile may be alleged, undertakings are highly advised to actively co-operate when it comes to on-site inspections. 
  • The officers may ask for an oral or written statement. 
     

What may the officials search?

Turkish Competition Authority

Most important

  • Always co-operate with officials! Never voluntarily surrender any objects or documents. Insist on formal seizure. Do not resist such formal seizure. Have it recorded in the minutes.  

Documents

  • The officials are entitled to inspect all kind of documents and, if necessary, take copies.  
  • The officials are entitled to inspect such documents, even if the related document contains personal data/business secrets. If the copied documents contain personal data/business secrets, request to have this fact recorded in the minutes.  
  • Only the documents and the correspondence with an external lawyer shall be protected under the principle of attorney-client privilege and shall not be subject to inspection. However, correspondence and the documents that are not directly related to the exercise of the right of defense, in particular, correspondence to assist an infringement of competition or to conceal an ongoing or future infringement, cannot benefit from the said protection. 

Computers and other objects

  • The officials are entitled to inspect the computer systems and the communication reports.  
  • The officials are entitled to inspect such computer systems (the computer system is limited to the business computer systems), even if the related document contains personal data/business secrets. If the copied documents contain personal data/business secrets, request to have this recorded in the minutes.  
  • In the event that officials receive documents containing trade secrets, the Authority must be notified in writing within the legal timeframes determined by the Authority. The notification should clearly indicate which information is considered trade secrets and provide a justification for why they are classified as such. If the Authority approves the requests for confidentiality of trade secrets, it will generally refrain from disclosing this information. Therefore, it is crucial to document these transactions in the minutes. 
  • Your employees should make at least one (additional) copy of every document (original or copy) and every electronic file which the officials want to take with them. All copies should be filed in separate folders and the data storage media with the electronic copies should be labeled in a way which will enable you to find the exact documents at a later stage. 

Random finds

  • The officials may also seize “random finds”. These are objects not related to the subject matter of the current investigation. The officials are not allowed to search systematically for random finds.  

Protocol / Seals

  • After conclusion of the inspection, you should insist that the officials make a precise list of all evidence seized. If nothing suspicious is found during the inspection, ask for written confirmation thereof.  
  • The officials are entitled to affix seals to premises, rooms, cupboards and documents, etc., e.g., if an inspection lasts several days. Do not break this seal. Breaking a seal is a criminal offence.  

Who may be questioned by the officials and how?

Turkish Competition Authority
 

The officials are entitled to request explanations from all employees.  

  • Ensure that you and your employees – as far as possible – do not make any statement without advice from your legal department or the external lawyer. If you or your employees are questioned about the subject matter, politely ask the officials to wait until a lawyer arrives.  
  • Note: The officials do not have to wait!  

  • Questions about personal details (incl. profession) must be answered. 

  • Answer the questions calmly and take notes of your answers. 
  • In no case make a misleading statement.  
  • Answer only questions actually relating to the inspection. Answer only the questions asked. Stick to facts and do not comment from a legal point of view. Give short and precise answers. Tell the officials if you do not know the answer to a question. Do not make any assumptions. 
  • You do not have the right to remain silent; however, you could state that you would answer these questions in writing. 
  • Note: Please kindly note that incorrect information would be subject to an administrative fine. 
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