ERDEM-NEWSLETTER-2018-metin

Recent Developments in the Right of Access to Files * Att. Elif Mungan Introduction The parties of an investigation that is conducted in accordance with the Act on the Protection of Competition No. 4054 (“Competition Act”) may enjoy the right to access the files concerning them that are drawn up by the Competition Authority (“Authority”). The procedures and principles related to use of this right are regulated via Commu- nique on the Rules for Access to Files and the Protection of Trade Secrets No. 2010/3 (“Communiqué”). For the parties, it is very impor- tant to exercise their right to access to files properly, since the relevant right has a direct correlation to their right to defense. Therefore, this article focuses on the discussions that may rise during the exercise of the right to access the files in light of the recent Competition Board (“Board”) decisions. Legal Background Article 44(2) of the Competition Act (Collecting Evidence and Informing the Parties) states that those parties that are notified of the initiation of an investigation against them may, until they have pe- titioned for the right to a hearing, request a copy of any documents drawn up within the Authority concerning them and, if possible, a copy of any evidence obtained in the matter. In addition, Article 44(3) sets forth that the Board may not base its decisions on issues about which the parties have not been informed and/or have been granted the right to defense. The relevant article indicates that providing the documents and information about the concerned parties is related to the right to defense. * Article of May 2018