NEWSLETTER-2017

The Turkish Competition Board Decides About the Scope of Legal Professional Privilege* Prof. Dr. H. Ercument Erdem Introduction Certain information and documents obtained during the inves- tigations of the Competition Board (“Board”) may be based on the attorney-client relationship. The extent of the information and docu- ments based on an attorney-client relationship that is protected within the framework of the confidentiality principle is important. This article explains the concept of legal professional privilege under Turkish law, and reviews two significant decisions by the Board in this regard. Legal Professional Privilege under Turkish Law In order to have an overview of the concept of legal professional privilege and the legal protection that it brings with it, we should first consider the relevant provisions of the applicable laws and regulations under Turkish law. Pursuant to Art. 130/2 of Code of Criminal Procedure No. 5271, “If the attorney, whose office is searched, or the president of the Bar, or the attorney representing him, objects to the search in respect to the items to be seized, at the end of the search, by alleging that those items are related to the professional relationship between the attorney and his client, then those items shall be placed in a separate envelope or a package and be sealed by the present individuals and, in the investiga- tion phase, the judge of peace in criminal matters, or the judge or the Court in the prosecution phase, will render the necessary decision on this matter.” * Article of August 2017