NEWSLETTER-2019-metin

93 COMPETITION LAW Obtaining and Examining WhatsApp Correspondences as Evidence within the Scope of Competition Law* Att. Merve Bakirci Introduction Pursuant to Law No. 4054 on the Protection of Competition (“Law No. 4054”), the Competition Authority (“Authority”) and the Competition Board (“Board”), which is the decision-making body of the Authority, is granted with broad powers (i) to ensure the formation and development of goods and services in a free and sound competi- tive environment, (ii) to observe the implementation of Law No. 4054, and (iii) to fulfill the duties assigned to it by Law No. 4054. Among these powers, carrying out on-site inspections when deemed necessary by the Board is of fundamental importance. Within this scope, and pursuant to Article 15 of Law No. 4054, the Board may perform examinations at the premises of undertakings and associa- tions of undertakings. To this end, the Board is entitled to: • Examine the books, any paperwork and documents of un- dertakings and associations of undertakings, and take copies thereof if needed; • Request written or oral statement on particular issues; and • Perform on-site examination of any assets of undertakings. As observed, examining personal telephones or text messages of employees of such undertakings is not listed explicitly under Article 15 of Law No. 4054. Having said that, considering the broad range of discretionary powers accorded to the Board, it can be argued that the above-mentioned powers are not subject to numerous clauses prin- ciples, and are listed by analogy, only. * Article of October 2019