NEWSLETTER-2020-metin

140 NEWSLETTER 2020 Compliance Obligations with International Laws and Competition Board’s Data Access Requests* Att. Elif Mungan Introduction In the Competition Board’s (“Board”) decision dated 07.11.2019 and numbered 19-38/581-247 (“Decision”), 1 it was discussed wheth- er Siemens Healthcare Sağlık A.Ş. (“Siemens Healthcare”) hindered or complicated the on-the-spot inspection on 02.10.2019 at the Sie- mens premises. The on-the-spot inspection decision has been taken in accordance with the Board’s preliminary investigation decision dated 07.02.2019 and numbered 19-06/55-M (“Preliminary Investigation Decision”). The Decision is remarkable, since the Siemens Health- care employees did not accept the case handlers’ search demand of all of the Siemens Healthcare employees based on the fact that Sie- mens Healthcare’s global headquarters is Siemens Healthineers AG, and that such search demand shall be positively responded to through global approval mechanisms. Therefore, the Decision lights the way to the question as to whether the Competition Authority’s authority is restricted when the investigated undertakings has a global headquarters and, accordingly, the global security mechanisms and relevant law requirements must be followed. Legal Framework Article 15 of Competition Act numbered 4054 (“Competition Act”) explains “on-the-spot inspections,” in detail. Moreover, Article 16 (1) (d) of the Competition Act states that the Board shall impose * Article of March, 2020 1 Competition Board’s Sahibinden.com decision, No. 07.11.2019 and numbered 19- 38/581-247 https://www.rekabet.gov.tr/Karar?kararId=38800013-e0f0-4375-9f16- ce520b83e25c (Access Date: 20.03.2020).