134 NEWSLETTER 2021 On-Site Inspections in Light of the Recent Decisions of the Competition Authority* Ece Şahin Introduction When the past decisions and the recent decisions of the Competition Board (“Board”) are examined, a significant increase can be observed in the number of decisions where the Board found hindrance or obstruction of on-site inspections. This situation shows that the Competition Authority’s (“Authority”) on-site inspection approach has been changed significantly. On-site inspections are carried out by case handlers of the Authority at the premises of the inspected undertakings, in the nature of a raid and hence without any warning. Undertakings are not informed about inspections beforehand. If the Board finds that certain behavior of the employees of the inspected undertaking qualifies as hindrance or obstruction of the on-site inspection, the relevant undertaking will be subjected to an administrative monetary fine. Thus, it is crucial to analyze the types of behavior that are found to be hindering or obstructing on-site inspections in light of the Board decisions, and avoid such behavior during these inspections. The Board’s On-site Inspection Authority and its Legal Foundation The Board’s authority to conduct on-site inspection arises from Article 15 of the Law on the Protection of Competition numbered 4054 (“Law No. 4054”). The Board conducts on-site inspections through case handlers. The case handlers can examine all kinds of data and documents, obtain copies and physical samples of such, and demand oral or written explanations within the scope of their authority. * Article of December, 2021
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