NEWSLETTER-2020-metin

143 COMPETITION LAW Siemens Healthcare employees; however (v) Some of the documents may be encrypted and, in the event that these documents are requested from Siemens Healthcare, the provision of such data may take time; (vi) the Competition Authority representatives will be provided with additional technical information confirming that the documents have been maintained in their original formats before, after, and at the time of the inspection; and (vii) Since the inspection will be conducted in line with the aligned safety protocol and with the support of Siemens Healthcare employees, both Siemens Healthcare and the Competition Authority will be immune from allegations of any infringements of other laws, and if the Competition Authority approves the explained remedy, Siemens Healthcare is ready to initiate the access procedure immediately. It was decided that on 15.10.2019 the inspection was to be con- ducted at the Siemens Healthcare premises in Ankara. Decision and Reasoning The remarks in the Decision are as follows: (I) The on-the-spot inspection of 02.10.2019 was not produc- tive, since the Competition Authority representatives could not use the eDiscovery method. The Siemens Healthcare’s rejection to allow access has constituted the complicating, or hindering of, on-the-spot inspection. The fact that the Competition Authority representatives were provided with additional technical information explaining that the docu- ments have been maintained in their original formats prior to, after, and at the time of the inspection, does not alter the former determination. Thus, an on-the-spot inspection shall be conducted without prior notice, immediately, quickly, and uninterrupted by its nature. (II) It may be determined from the technical data provided by Siemens Healthcare that the undertaking did not make changes to the system between the dates of 02.10.2019 and 11.10.2019, since it activated the “hold” tool. On the other hand, while the eDiscovery search that was planned to be