Refusing or Hindering On-Site Inspections in Turkey

Article 15 of Law No. 4054 on the Protection of Competition (Law No. 4054) authorises the Turkish Competition Board (Board) to conduct on-site investigations. Accordingly, the Board may (i) examine the books, all types of data and documents of undertakings and associations of undertakings kept on physical or electronic media and in information systems and take copies and physical samples thereof, (ii) request written or oral statement on particular issues, and (iii) perform on-site examination of any assets of undertakings.

As per Article 16 of Law No. 4054, in cases where an on-site inspection is refused or obstructed, the Board shall impose an administrative monetary fine of 0.5% of the turnover the undertaking generated in the financial year preceding the date of the fining decision (or, if this is not calculable, the turnover generated in the financial year nearest to the date of the fining decision will be taken into account).

Hindering on-site inspections may also be subject to a proportional administrative monetary fine which would be levied for each day the obstructive conduct continues. Accordingly, Article 17 of Law No. 4054 lists hindering or complicating on-site inspection among cases for which the Board shall, for each day, impose on undertakings and associations of undertakings an administrative fine by five in ten thousand of annual gross revenues of the relevant undertakings and associations of undertakings and/or members of such associations generated by the end of the financial year preceding the decision, or generated by the end of the financial year closest to the date of the decision if it would not be possible to calculate it…

For more information on hindrance or obstruction of on-site inspections in Turkey, please feel free to reach out to ELIG Gurkaynak at +90 212 327 1724 or through gonenc.gurkaynak@elig.com.