NEWSLETTER-2020-metin

145 COMPETITION LAW Conclusion The Decision is important since it makes clear that the investi- gated undertakings’ access rejections based on the fact that it has a global headquarters, as well as liability of compliance to international laws (i.e. data protection law, intellectual property law), still consti- tutes hindering or complicating on-the-spot inspections, and is not a safe harbor. Recent Board investigations have found that the investigated un- dertakings, which has a global headquarters, are much more reluctant to fully satisfy the Competition Authority’s access requests, based on the fact that the data access would consequence infringements to international laws and security protocols. On the other hand, the Deci- sion alludes to the fact that the relevant reasoning has been tried, and did not change the Competition Authority’s assessment, regarding the understanding of Article 16 of the Competition Act.