136 NEWSLETTER 2021 can be observed. The fact that deleted data can be restored with the utilization of forensic IT hardware and software is one reason for that. Another reason is that case handlers inspect the WhatsApp chat history of the employees of the inspected undertakings. In this article, the Unmaş1, ETİ2 and Procter and Gamble (“P&G”)3 decisions selected among the recent decisions of the Board will be handled. The Unmaş Decision In the Unmaş decision of the Board, the investigated undertaking was imposed an administrative monetary fine because an employee deleted part of their WhatsApp chat history. Pursuant to the decision, the case handlers reached the content of the deleted chats with the use of forensic IT, and they found that the deleted data was related to the undertaking. In line with this, they determined that the employee deleted chats with the aim to hinder the on-site inspection.4 The Unmaş decision is important as an undertaking was fined due to the deletion of an employee’s WhatsApp chat history. In its decision, the Board stated that the case handlers were not subjected to any hindrance in obtaining the organization structure of the undertaking, bringing the employees that were not present at the beginning of the investigation to the premises, providing remote access to certain data, and handling of the mobile devices.5 Yet, an administrative monetary fine was imposed on the undertaking. As the Unmaş decision demonstrates, the fact that deleted data can be restored with the use of forensic IT will not prevent the Board from finding that its deletion constitutes hindrance or obstruction of an on-site inspection. As per the decision, “the contrary would be re1 Unmaş Decision No. 21-26/327-152, 20.05.2021, https://www.rekabet.gov.tr/ Karar?kararId=78f5d1cc-302a-4465-950d-f30d73da29ae 2 ETİ Decision No. 21-24/278-123, 29.04.2021, https://www.rekabet.gov.tr/ Karar?kararId=5a6a8baf-31f0-44cf-96c7-278940729ad9 3 P&G Decision No. 21-34/452-227, 08.07.2021, https://www.rekabet.gov.tr/ Karar?kararId=9f543d53-8721-4e55-9296-91e8b2525f4c 4 Unmaş Decision, par. 15. 5 Unmaş Decision, par. 12.
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