NEWSLETTER-2020-metin

144 NEWSLETTER 2020 conducted on 02.10.2019 would have provided results of the e-mails that are in the “hard delete” category, which are 30 days prior to 02.10.2019, the on-the-spot inspection on 15.10.2019 covered a more restricted period and, therefore, did not provide the same results as the 02.10.2019 on-the- spot inspection. (III) On-the-spot inspections shall be conducted on the date upon which the Competition Authority finds appropriate, and with regard to the undertaking’s entire relevant business units, and upon the documents found to be relevant. Therefore, the fact that an undertaking solely offers the documents it has allowed for the inspection at the time it finds convenient, and via the method it requests, this shall not be understood as not hindering or complicating the on-the-spot inspections. (IV) During first on-the-spot inspection on 02.10.2019, Siemens Healthcare became aware of the search keywords used by the Competition Authority representatives. Accordingly, they identified the opportunity to conduct detailed researches through the eDiscovery method by using the identified key- words. In addition, it cannot be said that Siemens Healthcare had experienced any technical difficulties on the inspection day that may have blocked the immediate and continuous on-the-spot inspection. Administrative Monetary Fine The Board imposed an administrative monetary fine on Siemens Healthcare pursuant to Article 16 (1) (d) by five in one thousand of its gross revenue, since it hindered and complicated the on-the-spot inspection. In addition, the Board also imposed an administrative monetary fine on Siemens Healthcare, pursuant to Article 17 (1) (b). According- ly the Board determined the fined period as 12 days that commenced from 03.10.2019 (the day after first on-the-spot inspection), and ended on 15.10.2019 (the second on-the-spot inspection). The Decision was made unanimously.