Newsletter-21

142 NEWSLETTER 2016 Confidentiality of Written Communications between Lawyer and Client In Accordance With Dow Decision* Att. Ecem Susoy Uygun Introduction Certain information and documents obtained during the investi- gations of the Competition Board (“Board”) may be based on the law- yer-client relationship. The extent of the information and documents based on a lawyer-client relationship protected within the framework of confidentiality principle is important. The Board’s decision dated 02.12.2015 and numbered 15-42/690-259 (“Dow Decision”) 1 with regard to whether or not some of the documents taken during on-the- spot inspections are considered within the scope of the confidentiality of written communications between lawyer and client is handled under this newsletter article. Request for Information and On-the-Spot Inspection in Competition Law Practice As per Art. 14 of the Act on the Protection of Competition No. 4054 (“Act No. 4054”), in carrying out the duties assigned to the Board by this Act, the Board may request any information it deems necessary from all public institutions and organizations, undertakings, and asso- ciations of undertakings. Officials of these authorities, undertakings, and associations of undertakings are obliged to provide the requested information within the period to be determined by the Board. Pursuant to Art. 15 of Act No. 4054, in carrying out the duties as- signed to the Board by this Act, the Board may perform examinations * Article of April 2016 1 Please see. http://www.rekabet.gov.tr/File/?path=ROOT%2f1%2fDocuments %2fGerek%C3%A7eli+Kurul+Karar%C4%B1%2f15-42-690-259.pdf (Access date: 21.04.2016).

RkJQdWJsaXNoZXIy NTk2OTI2