NEWSLETTER-2017

74 NEWSLETTER 2017 Art. 36 of Attorneyship Law No. 1136 reads that: “ Attorneys are prohibited from disclosing information that has been entrusted to them, or that come to light in the course of performing their duties, both as attorneys, and as members of the Union of Bar Associations of Turkey and various bodies of bar associations.” In accordance with the above-stated legal provisions, there is no clear view as to whether or not ultimate protection is granted in the attorney-client relationship. Competition Law Practice Including Request for Information and On-site Inspection Legal professional privilege has significance in relation to the practice of the Board under Turkish law. As per Art. 14 of the Act on the Protection of Competition No. 4054 (“Act No. 4054”), the Board may request any information it deems necessary from all public insti- tutions and organizations, undertakings, and associations of undertak- ings, to fulfill its duties. 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. Art. 15 of Act No. 4054 stipulates that in the exercise of the duties assigned to the Board by this Act, the Board may perform examina- tions of undertakings, and associations of undertakings, in cases where it is deemed necessary. To this end, the Board is entitled to: (i) ex- amine the books, any paperwork and documents of undertakings, and associations of undertakings, and make copies of the same, if needed, (ii) request written or oral statements on particular issues, and (iii) per- form on-the-spot examinations with regard to any assets of undertak- ings. Those concerned are obliged to provide copies of information, documents, books and other instruments, as requested. Having looked at the duties and practice of the Board, we will now explain the view of the Board in light of its two recent decisions.