NEWSLETTER-2020-metin

165 COMPETITION LAW Competition Board Fine of Banks and Financial Institutions for Not Providing Information and Documents* Att. Ecem Süsoy Uygun Introduction In the recently published decisions of the Competition Board (“Board”), it is observed that undertakings were fined due to the fact that requested information and documents were not provided at all, or were provided incompletely. The most interesting of these deci- sions 1 is the decision (“Decision”) 2 dated 02.07.2020 and numbered 20-32/397-179 regarding some banks and financial institutions failing to provide requested information and documents within the scope of the preliminary investigations 3 initiated by the Board. Even though the aforementioned Decision attracted attention at first glance due to the high amount of the fines imposed on these banks and financial in- stitutions, it also brings with it important legal debates concerning the authority of the Board, the latter’s approach to the effect principle and single economic unit, and its evaluations on the protection of personal data. The Legal Regulation that forms the Basis of the Decision The Board can request all kinds of information that it deems necessary from all authorities, undertakings, or association of un- * Article of November, 2020 1 Apex decision, No. 20-32/410-187, 02.07.2020, https://www.rekabet.gov.tr/ Karar?kararId=b5cd5da7-0b56-4e7b-a8d6-8cb5da9d5d88, Çerkezköy Kuyum- culuk decision, No. 20-01/1-1, 02.01.2020, https://www.rekabet.gov.tr/ Karar?kararId=53fafe39-7453-44e9-ab59-ec08263495d9 (Access date: 11.11.2020). 2 See: https://www.rekabet.gov.tr/Karar?kararId=d2b439ee-f9fb-434d-9626-5142a09f11ed (Access date: 11.11.2020). 3 The preliminary investigation of the Board initiated with Decision No. 20-05/48- M, 17.01.2020.